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Full text of "A compilation of the laws of the state of Georgia, passed by the legislature since the political year 1800, to the year 1810, inclusive"

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OF THE 



OF THE 



PASSED BY THE LEGISLATURE SINCE THE POLITICAL 
YEAR 1800, TO THE YEAR 1810, INCLUSIVE, 

CONTAINING 

All the 3&AWS9 whether in force or not, passed within those periods, arranged in 1% 

chronological order, with comprehensive references to (hose laws or 

parts of laws, that are amended, suspended or repealed. 



•TOGETHER- 



With an appendix, comprising such concurred and approved resolutions, as are of & 

general operative nature, and as relate to the duty of officers, the relief of 

individuals, and the settlement of boundary between counties, 

and this State with North Carolina. 

Concluding with a copious Index to the whole. 




BY AUGUSTIN SMITH CLAYTON, ESQ'R. 



<3ifugu$ta : 

PRINTED BY ADAMS & DUYCKINCK* 
,,..1812.,.. 

k WERTON COULTER 









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1tf*H 



TO 

HIS EXCELLENCY 

.:tchell,. 

SOVERNOR AND COMMANDER IN CHIEF OF THE ARMY AND NAVF 
OF THIS STATE, AND OF THE MILITIA THEREOF: 

I HAVE the honor, respectfully to submit and report to your Excellency a compilation 
9f the Laxvs and Resolutions of ***» state, in pursuance of the uu requiring the same, 
In tendering for yotcr examination this work, I have only to rcmark,that notwithstand- 
ing the wide and unrestrained discretion with which you are very properly invested by 
the law, thereby constituting for my labors, a somewhat dubious fate. Yet, in taking 
leave of them, I beg leave to express to you the assurance of my entire confidence in your 
official decisioni~—And, that whatever may be the result, I shall be cheerfully reconciled, 
under the fullest persuasion, that your legal and professional observation, in which is 
placed my chief expectation, will have justly estimated every part of their worth. 

Receive niy highest consideration. 

AUGUSTUS- S. CLAYTON. 

Jancauy 1st, ±811. 



„ ',— ilHHHK il lH >i I II ill' I.I* il, » 



EXECUTIVE DEPARTMENT, GEORGIA, 
MILLEDGEVILLE, 25th February, IS 11. 

HEIIEAS, by an act passed the 12th day of December, 1809, entitled " an act 
to compile and arrange the laws and resolutions of this State, passed since the political 
year 1800," it is enacted and declared, " That during the year eighteen hundred and 
ten, the laws of this State, passed since the political year eighteen hundred, and con- 
eurred and approved resolutions, (except such as relates to elections hy the General 
Assembly) and every tenth year thereafter, -,hall be compiled, arranged and printed." 
And by the same act it is further enacted and declared, " That the Legislature shall by 
joint ballot of both branches, appoint some fit and proper person to compile and arrange 
the laws of this State, in pursuance of this act, and report the same to his Excellency 
the Governor, who shall approve or disapprove of the same." 

And whereas Augustin Smith Clayton, Esquire, was by joint ballot -of both branches 
of the Legislature, in conformity with the before in part recited act, to wit, on the 12th 
day of December, 1809, duly elected to compile and arrange the laws of this State, in 
pursuance of the said act. 



And whereas Hie said Augustin Smith Clayton, Esquire, liatb presented to me a 
compilation of the laws and resolutions of this State, made in conformity to the said 
act ; which compilation was by executive order of the 3d day of January last, submitted 
to the inspection and examination of HoWtio Marbury, Edmund B. Jenkins, Hines 
Holt and Anthony Porter, Esquires, who have reported thereon as follows, to wit :— 

" Pursuant to your Excellency's order of the 3d ultimo, the undersigned have care- 
« fully examined a compilation of the laws of this State, passed since the political year 
« 1800, up to the year 180*),* inclusive ; together wfth such concurred and approved 
(i resolutions, as were deemed necessary by the compiler; and now present them to your 
i6 Excellency as true copies from the originals in the office of the Secretary of State. 

■ 
*< They have also examined the notes of reference made by the compiler, and found 

" them to be appropriate. 

" They have not found that chronological arrangement of the laws which is most 
" desirable in a compilation of this kind ; hut have found them (which in their judg- 
" ment is entirely essential) arranged under the particular year in which they were passed* 

" The marginal notes with an index to the whole, they have thought proper to leave 
•< with- the compiler, whose talents and judgment they deem amply sofficient to ensure 
•" their correctness." 

NOW KNOW YE, Legislators, Judges, Citizens and People of Georgia, that I, 
David Brydie Mitcheli., Governor thereof, in conformity with, and in obedience to 
the aforementioned act, do by these presents approve of the aforesaid compilation of 
the laws of this Siate. 

J): B: MITCHELL, 



* The laws of 1810, by a subsequent resolution of the Legislature are compiled by Adams and Duyckinck 
and form a part of the present volume 



PREFACE 



THE laws contained in this volume, are 
arranged in the order of time in which they pass- 
ed ; every act is numbered from one to the con- 
clusion, and under each act that has been amend- 
ed, suspended or repealed, a reference is made to 
the law so amending, suspending or repealing, by 
the number of it, and the year in which it pass- 
ed. ...The notes refer by numbers, and the index 

by pages At the top of the book, is expressed 

the year in which the laws of each session passed, 
in order to facilitate a readier notice. 




LAWS OF GEORGIA, PASSED IN THE YEAR 1801. 



AN ACT 



(No. l.) 



To incorporate the Savannah Library Society. 



w, 



HEREAS, a number of persons in the City of Savannah, and the environs there- 
of, with a view of diffusing knowledge more generally among the inhabitants of the county 
of Chatham, have subscribed a very large sum of money to purchase a Public library. 

Sec. 1. BE it therefore enacted by the Senate anil House of Representatives of the 
State of Georgia in General Assembly met, and by the authority of the same. That the 
Trustees of the said Society, and their successors in office, shall aud they are hereby 
declared to be a body corporate by the name and style of the Savannah Library Society. 

Sec. %. And be it further enacted by the authority aforesaid, That the said Trustees, 
and their successors in office, shall be invested with all manner of property, boih real 
and personal ', all gifts, grants, hereditaments, privileges and immunities whatsoever, 
which may belong to the said Savannah Library Society, at the time of passing of this act, 
or which may hereafter be made, conveyed or transferred to them or their successors in 
office, to have and to hold the same for the proper use and benefit of the said Society. — 
And also, that the said Trustees, and their successors in office, shall be, and they are 
hereby declared to be capable of suing and being sued, impleading and being impleaded, 
and of using all necessary and legal steps for recovering or defending any property what- 
ever, which the said Society may claim or demand, and also for receiving the rents, issues, 
fines and profits of the same, or any part or parcel thereof. 

Sec. 5. And be it further enacted by the authority aforesaid, That the Trustees of the 
said Savannah Library Society shall hold their office for the term of one year ; that on 
the first Saturday in October, in every year, after one thousand eight hundred and one, 
the members of the said Society, or a majority thereof, shall convene at the place that may 
.be appointed by the Trustees, or their successors in office, in Savannah, and there, be- 
tween the hours of ten and two o'clock, elect from among the members of the said Society, 
seven discreet and proper persons as Trustees of the same, who shall hold their office for 
the term of one year, as aforesaid, with the same powers, and for the same purpose 
as above declared. 

DAVID MERIWETHER, Speaker of the House of Representatives. 
WILLIAM BARNETT, President of the Senate. 
Assented to, November 20, 1801. 

JOSIAH TATTNALL, jun. Governor. 



Preamble. 



Trustees irt« 
corporalec! 



Shall be in- 
vested with 
property, Rue 
&besucd,&c. 



Shall hold 
their offices 
only one year, 
and then elec- 
ted by the 
members of 
the society $ 
annually. 



AN ACT 
To incorporate the Baptist Church at PoxvelVs Greek in the county of Hancock. 



w, 



(No. 2.) 



HEREAS, a Religious Society has for many years past been established at Powell's Pl . eambIe 
Creek, in the county of Hancock, called and known by the name of the Baptist Church 



LAWS OF GEORGIA, 



(No. 2.) 



Trustees 
named & ap- 
pointed 



Shall be in- 
vested with 
property, sue 

& be sued, &c. 



-Manner ofap- 
pointing trus- 
tees — shall 
hold their of- 
fice three 
years. 



Members of 
the church to 
fill vacancies 
of Trustees. 



Manner of do- 
ing 1 it. 



at Powell's Creek : And whereas it is necessary for the promotion of religion and virtue, 
that churches or religious societies he made capable of holding, enjoying and defending 
any property which they may acquire by purchase, donation or otherwise : 

Sec. 1. BE it therefore enacted by the Senate and House of Representatives in General 
Assembly met, That Matthew Rabun, Henry Graybille, John Veazey, William Lord, 
and Jesse Battle, and their successors in office, shall be, and they are hereby declared to 
be a body corporate, by the name and style of the Trustees of the Baptist Church at 
Powell's Creek. 

Sec. 2. And he it further cnaeted by the authority aforesaid. That the said Matthew 
Rabun, Henry Graybille, John Yeazey, William Lord, and Jesse Battle, Trustees as 
aforesaid, and their successors in office, shall be invested with all manner of property 
both real and personal, which they may acquire or be possessed of by gift, grant, pur- 
chase or otherwise, and all privileges and immunities which may belong to the said Church 
at the time of passing of this act, or which may hereafter be made, conveyed, or trans- 
ferred to them or their successors in office, to have and to hold the same to the proper use, 
benefit and behoof of said Church: — And also, that the said Trustees in office, shall, and 
they are hereby declared to be capable of suing and being sued, impleading and being 
impleaded, and of using all legal and necessary steps for recovering or defending any pro- 
perty whatever, which the said Church may hold, claim or demand, and also for recover- 
ing the rents, issues and profits of the same, or any part or parcel thereof. 

Sec. 3. And be it further enacted by the authority aforesaid, That the Trustees of 
the said Baptist Church shall hold their office for, and during the term of three years ; 
and on the Saturday before the first Sunday in every third year after the passing of this 
act, the members of said church or a majority of them, shall convene at the Meeting- 
House of said Church, and there, between the hours of ten and four o'clock, proceed by 
ballot to elect, from among their own body, five fit and discreet persons as Trustees, who 
shall hold their office for three years as aforesaid, with the same powers, and for the same 
purposes as above mentioned. 

Sec. 4. And be it further enacted, That the members of the said Church (or amajo- 
rity of them) shall, and may have power to fill any vacancy which may happen in the 
Trustees, by death, resignation, or otherwise ; and when any vacancy may happen by- 
death, resignation or otherwise of any of the Trustees, the Church shall be notified 
thereof, by those Trustees who still remain in office ; and on the Saturday of their next 
monthly meeting, the members of said Church (or a majority of them) may proceed by 
ballot to fill such vacancy or vacancies ; and the person or persons so elected, to hold 
their office during the term for which their predecessor had been appointed. 

DAVID MERIWETHER, Speaker of the House of Representatives, 
WILLIAM BARNETT, President of the Senate. 
Assented to, November 20, 1801. 

JOSIAH TATTNALL, jun. Governor 



PASSED IN THE YEAR iSOi. 



AN ACT (No. 3.) 

To regulate the General Elections in this State, so far as to impose a jine on persons 
voting out of the County wherein they reside. 



Wi 



Preamble, 



HEREAS, there have been frequent impositions practised by persons voting at 
elections out of the county where they reside, contrary to the Constitution, and the express 
meaning of an act of the General Assembly of this state, to regulate the general elections 

thereof: 

Sec. 1. BE it therefore enacted by the Senate and House of Representatives in General p ° Bellas* 

Assembly met, and it is hereby enacted by the authority of the same, That from and after person* for 

the passing of this act* if any person or persons who may or shall vote in any other their county 

county out of the one in whieh he or they shall reside, except for Members to Congress, %*££§} - ? 

shall forfeit and pay the sum of thirty dollars for every such offence. Congress. 

2. And be it further enacted, That if any person or persons shall be charged ^i ^ ct ^ 

with the offence contained in this act, it shall be the duty of any justice of the peace of £ iven t0 Jf«- 

the county wherein such offender resides, to whom information shall be made for that Peace to tr> 

purpose, to issue his warrant, directed to some constable in said county, commanding cL^t^his" 

him to bring such person or persons before him or some other justice of the peace of said act - 
county ; and upon proof being made that such person or persons hath or have voted out of 

the county wherein he or they shall reside, to enter up judgment against each and every Manner of 
person so offending, for the sum of thirty dollars ; and the said justice or justices shall 
be, and they are hereby required to issue his or their execution against the estate of such 
offender, both real and personal, as is usual upon judgments obtained in other cases in the 

justice's courts : And if such offender shall have no property, whereupon to levy such ex- et i - m t i ie p a " 

edition, that then and in every such case, such justice or justices, shall order the offender } 01J lf " nalj!f 

or offenders to be confined in the pillory or stocks of the county, wherein such person shall penalty. 
be tried, for the space of two hours ; and upon payment of costs, such person or persons 
shall be discharged, 

3. And be it further enacted, That one half of the money or monies so recovered, One half of 

shall be paid into the clerk's office of the inferior court of the county in which such offender jJSJJtSi 

shall have been committed, for the use of the county, and tiie other half to the informer, bounty and 

___. tbc otJici* to 

DAVID MERIWETHER, Speaker of the House of Representatives, tiie informer. 
# "WILLIAM BARNETT, President of the Senate. 

JL»ented to, November 25, 1801. 

JOSIAH TATTNALL, jaw. Governor. 



LAWS OP GEORGIA, 



(No. 4.) AN ACT 

To alter the boundaries of the Seoond and Third Divisions of the Militia of this State, 
and of the First and Second Brigades of the Third Division, and to lay off anotlwr 
Brigade in the Third Division.* 



The county of 
Warren ad- 
ded to the l*t 
Brigade of the 
2d division. 
Elbert to the 
1st Brigade of 
the3d division 
and Greene to 
2d Brigade of 
3d division. 
Counties com- 
posing the 
third Brigade 
of the third 
division. 

Field Officer* 
to arrange the 

districts so as 
to lay off new 
regiments Sic. 



Sfc. 1 81 4? 

JLB E it enacted by the Senate and House of Representatives of the State of 

Georgia, in General Assembly met, and by the authority of the same, That from and after 

the passing of this act, the county of Warren shall he, and hereby is added to, and made a 

part of the first brigade of the second division ; that the county of Elbert be added to, 

and made a part of the first brigade of the third division ; and that the county of Green© 

be added to, and made a part of the second brigade of the third division. 

Sec. 2. Jlnd be it further enacted, That the counties of Franklin and Jackson, shall 
compose a brigade to be known as the third brigade of the third division of the militia of 
this State. 

Sec. 3. And be it further enacted by the authority aforesaid, That where the num- 
ber of ofiieers of militia in any county will admit of one or more regiments, allowing 
four companies to a battalion, and two battalions to a regiment, it shall be the duty of 
the field officers of such county, and they are hereby required to define, alter, and arranga 
the company and battalion districts so as to make the same compact and convenient ; to 
exercise and form them into a regiment or regiments, according to their numbers, which 
arrangement shall be transmitted by the field officers aforesaid, to the commanding officer 
of the brigade to which the county belongs, and if approved of by him, the same shall 
be valid, any usage or law to the contrary notwithstanding. Provided nevertheless, That 
the arrangement so made, shall not extend to deprive any officer of his commission, rank 
«r command.f 

DAVID MERIWETHER, Speaker of the House of Representative*. 
WILLIAM BARNETT, President of the Senate. 
Assented to, November '%», 1801. 

JOSIAII TATTNALL, jun. Governor. 



(No. 5.) AN ACT 

To authorize the Justices of the Inferior Court of the county of Bryan, to appropriate the 
Tax levied for the use of said county, to the payment of the county Officers, or so vn^ch 
thereof as shall be sufficient for that purpose. » 

Sec. 1. J[j|E ft en acted by the Senate and House of Representatives of the State of 
Georgia, in General Assembly met, and by live authority of the same, That the justices of 



Justice? of 
the Inferior 
Court autho- 
rized to ap- 
propriate the ^bat they or a majority of them may think proper, and also, any other public monies that 
«ounty funds, 



the inferior court in the county of Bryan, be, and they are hereby authorized to appro- 
priate the tax levied in the said county annually, for county purposes, or any part thereof, 



* See act of 1807, No. 275, laying out and defining the several Brigades and Divisions in this State. 
! Altered and amended by 2d Sec. of the Act of 1807, No. 312. 



PASSED IN THE YEAR 1801. 



may be paid into the hauds of the clerk of the inferior court of said county, by fines or (No. S.) 
otherwise, to the payment of their county officers ; any law to the contrary notwith- 
standing.*. 

DAVID MERIWETHER, Speaker of the House of Representative?. 

JOHN JONES, President of the Senate, pro. tern. 
Assented to, November 30, 1801. 

JOSIAH TATTNALL, jun. Governor. 



AN ACT ( No - 6 

To vest the Government and Regulation of the Gaol of the County of Chatham, in the 
Mayor and Mdermen of the City of Savannah, and appointing them sole Commissioners 
of the Court-House and Gaol of the said County. 



Wi 



HERE AS, the gaol of the county of Chatham has been built and erected on lots 
belonging to, and within the jurisdiction and chartered limits of the city of Savannah, Preamble. 
and out of the funds of the said city; And whereas, it will be expedient and proper to place 
the entire management, care, inspection and direction of the same, together with the 
court-house of the said county, which also stands within the same jurisdiction and limits, 
in the mayor and aldermen of the said city of Savannah, for the time being. 

Sec. 1. BE it therefore enacted by the Senate and House of Representatives of the 
State of Georgia, in General assembly met, and it is hereby enacted by the authority of the 
same, That from and immediately after the passing of this act, the mayor and aldermen ,,, , 

of the city of Savannah, for the time being, shall be solely and exclusively commissioners Aldermen of 
of the court-house and gaol of the said county of Chatham, and are hereby vested with pointed Com- 
the sole management, care, inspection and direction of the same, with full power and ^ecZ" ° f 
authority to appoint a gaoler and such other officers as may be necessary ; and also to ll0u * e and 

, gaol of Chat- 

pass such ordinances and resolutions for the government and direction of the said gaoler ham county. 

and other officers, and all persons confined in the said gaol, as they shall from time to 

With power* 
time deem necessary and proper ; provided the same be not repugnant to any law or the to manage the 

constitution of the State. And the said gaoler and other officers appointed as aforesaid, shall same ' 

give bond with two or more approved securities, to the said mayor and aldermen for the 

time being, for the faithful performance of the duties required of them respectively. a 

Sec. 2. And be it further enacted by the authority aforesaid, That the said gaoler or 

other officers appointed to take charge of the said gaol, or of any part thereof, or of any T ^| kce P e ^ of 

class of persons confined therein, shall be answerable for all escapes from the said gaol, *yerable for 

in the same manner as by the laws of this State, the sheriff would have been heretofore 

answerable. 

DAVID MERIWETHER, Speaker of the House of Representatives. 

JOHN JONES, President of the Senate, pro. tempor. 
Assented to, November 30, 1801. 

JOSIAH TATTNALL, jun. Governor. 



* See Act of 1805, No. 191, in aid of this law. 



LAWS OF GEORGIA, 



(No. 7.) 



Vacancies 
how to be fil- 
led and by 
whom. 



Corporation 
of said church 
not to be dis- 
solved hy rea- 
son of failure 
to appoint 
Trustee*. 



AN ACT 
To grant further privileges to the Baptist Church on the Kiokas, in the county of Colum* 



bia* 



Sec. 1. 



E it enacted hy the Senate and House of Representatives of tlie State of 
Georgia, in General Assembly met, and hy the authority of the same, That the Baptist 
Church on the Kiokas, in the county of Columbia, shall he, and is hereby authorized and 
empowered to fill any vacancy or vacancies, which shall or may happen, or be in the trust 
of the aforesaid Church, on a notice or call thereof by the remaining Trustees, or a major- 
ity of them, being previously given to such Church, at least thirty days before such vacan- 
cy or vacancies shall be filled. 

Sec. 2. Be it further enacted, That the Corporation of the aforesaid Church, shall 
not be dissolved or forfeited for or by reason of the said Church's not electing their Trus- 
tees, on such day or days as have heretofore been pointed out by law for that purpose ; and 
the said Church shall be, and they are hereby authorized and empowered to elect their 
Trustees from time to time, as they or a majority of them shall or may deem proper, any 
law to the contrary notwithstanding* 

DAVID MERIWETHER, Speaker of the House of Representatives, 
WILLIAM BARNETT, President of the Senate. 
Assented to November 25, 1801. 

JOSIAH TATTNALL, jun. Governor. 



(No. 8.) 



Vv'iio may 
take up e»- 
trays. 



"What are es- 
travs. 



To tell them 
before a Jus- 
tice of the 
peace. 
His duty. 
Description 
and apprais- 
nient thereof. 
AppiaJsnient 
and the name 
of the taker 
up, together 
with the de- 
scription to 
be returned to 
the Cleric of 
the Inferior 
Court. 



AN ACT 

To amend and consolidate the several Estray Laivs of this Slate. 



Sec. 1. 



BE it enacted by the Senate and House of Representatives of the State of 
Georgia, in General Assembly met, That it shall and may be lawful for any person upon his 
own freehold, or other person having charge of such freehold in the absence of the owner 
thereof, and not elsewhere to take up all estrays, whether horse, mare, colt, filly, ass, mule, 
neat eattle, sheep, goat or hog, that may be found straying away from their owners ; and 
every person taking up Estrays as above, shall within ten days, in case such Estrays have 
been broke to service, take or drive it or them before a Justice of the Peace in the county, 
whose duty it shall be, and he is hereby required to take do mi in writing a particular de- 
scription of the marks, natural and artificial, brands, statue, age and colour of such Estray 
or Estrays, and immediately to issue his w arrant to two or more freeholders of the vicin- 
age commanding them, having been first duly sworn thereto, well and truly to appraise or 
ascertain the value of such Estray, which appraisement or valuation and description as 
above, together with the name of the taker up and the place of his abode, the said Justice 
shall within ten days thereafter, transmit to the Clerk of the Inferior Court of said county, 
taking special care that the person or persons taking up such Estray, do solemnly swear 
or affirm, that he or they have not altered or caused to be altered the marks or brands of 
such Estray, and to the best of his or their knowledge and belief, such marks or brands have* 



PASSED IN THE YEAR 1801. 



the estray 
is tolled. 



ted to the 
clerk there 



or have not, (as the case may he) in any wise heen altered, and that the owner to him or (No. 8.) 

,, . , O.'th to Le 

them is unknown. administered 

Sec. 2. And be it farther enacted, That in case any person shall take up any such to the taker 
estrayed neat cattle, sheep, goats or hogs, he shall cause the same to he viewed hy a free- T]e on 
holder in the county, where the same shall happen, and that the taker up he compelled taking up an 

, * . ,. ■■ . , ■■■■J* , « *ij estray to have 

to advertise said Estrays at least ten days at the place of holding Justices Courts in said him v i ewe d 

destrict prior to tolling, and shall immediately thereafter go with such freeholder before ^J^f* 

a Justice of the Peace of said county, and make oath before him, that the same was taken vertised ten 

up at his plantation or place of residence in the said county, and that the marks or brands toiling! 

of such Estray have not by him, or to the best of his knowledge been altered ; and then the where adVer- 
said Justice shall take from the taker up and freeholder, upon oath, a particular and ex- 

JTi.$ f* ! i rtlicr 

act description of the marks, brands, colour and age of all and every such neat cattle, duty. 
sheep, goat or hog, and such Justice shall in manner above directed, issue his warrant for The duty of 
the appraisement of such Estrays which description and valuation shall by the said Justice before whom 
within ten days, be trasmittedto the Clerk of the Inferior Court, by him to be disposed of 
as hereafter directed. 

Sec. 3. JLnd be it further enacted, That it shall be the duty of every Justice of the J u * tice to 

J # J J keep a book & 

Peace, before whom any Estray shall be carried as aforesaid, to enter a true copy of the enter a copy of 

certificate transmitted by him to the Clerk of the Court in a book to be by him kept for "ate 'transmit- 
that purpose. 

Sec. 4. And be it further enacted, That it shall be the duty of the Clerk of the Inferior 

Court in each county in this State, and he is hereby required to receive and enter in a ^ Ll % of tIie 

book by him to be provided and kept for that purpose all such certificates of description To keep a 

of appraisement, as to him shall be transmitted from the respective Justices in the couuty ; ter ail "cei -tifi- 

and it shall also be the duty of the said Clerk of the Inferior Court, to affix a copy of J* ^turned 

every such description and valuation to the Court-House of his county for two terms sue- sha11 affix a 

copy ol each 

cessively, after the same shall be transmitted to him. description & 

Sec. 5. And he it further enacted, That it shall be the duty of the said Clerks of the said* clerk to 

Inferior Courts, in their respective counties, to cause an inclosure to be made at the Court- have an [ T lC l - 

House, to be paid for out of the monies arising from the sale of Estrays, for the purpose the estrays. 

of impounding estrayed horses, mares, colts, fillies, asses and mules, and that all Estrays outof mo^Ss 

aforesaid, taken up as aforesaid, shall by the taker up be brought to the said inclosure, and arisin g fr °«s 

impounded from ten o'clock in the forenoon, until three o'clock in the afternoon, on the The taker up 

first day of every term for twelve months, both of the Superior and Inferior Courts ; and Stay "to said 

the said clerks shall see that these requisitions be complied with by the taker up. And ^closure. 

x i ^ i On the 1st day 

every taker up of an Estray as aforesaid, shall for every neglect to impound as aforesaid, of every term 
be subject to a fine of five dollars, to be collected by execution under the hand and seal of &i n fe?Kurte 
the presiding justice of the Inferior court, and paid into the clerk's office for the use of J?, r 12nwn tf»* 

■ ■ * ' • Clerk to see 

the county ; unless sufficient cause to the contrary be shewn the said court at the next this done. 
term thereof. Howcolkct'd 

Sec 6. And be it further enacted, That it shall be the duty of the taker up, and he is 
hereby required to bring to the court-house in the county wherein he resides, and deliver The taker up 
to the clerk bf the Inferior court of said county, every estrayed horse, mare, colt, filly, e *tray V to the 



LAWS OF GEORGIA, 



(No. 8.) ass or mule, on the first sheriffs sale day that shall happen after the expiration of twelve 
thTopirltkm mon ^ ls from the time of entering such E stray as aforesaid with the Justice ; and it shall 
of 12 months, be the duty of the clerk to proceed to sell such Estray or E strays as aforesaid, on the day 

At what time. ■■■■'. '■. -, 

Theckrktosell aloresaid, between the usual hours lor ready money to the highest bidder, which money 
the timeafore sna ^ m tne nan ds of the said clerk be subject to the order of the Inferior court, for county 
said for ready purposes, after defravine- the charges or fees herein-after directed. And every taker up 

monev, which woo * 

shall "be sub- who shall neglect or refuse to comply with these requisitions, shall be liable for double the 

ckrof the in- amount of the appraisement, to be collected by execution under the hand and seal of the 

flrior court presiding justice of the Inferior court: unless sufficient cause to the contrary be shewn 

for county x ° u * 

purposes. the court at the next term thereafter ; and the said forfeiture when collected shall be ap- 



tcompiyin^ plied to the use of the county, after deducting the legal fees. 



notcomplyi 

with theaboye g EC< 7> j± m i fc e n f ur ther enacted, That in case any person shall take up as aforesaid 

x'equjsition etc ..■ .. 

Persons tak- any neat cattle, sheep, goats or hogs, and no person or persons shall appear to make sat- 

cattle^ sneep, isfactory proof within three months, that the said E strays are his or their property, the 

goat? or hogs, j us ^ ce having given twenty days notice* by advertisement in two of the most public places 

appearing- to j n the captain's district wherein he resides, shall proceed to sell the said Estrays, by his 

within three constable, upon one of his court days, between the usual hours, for ready money to the 

\ist4e Tfter hig Qes t bidder, and it shall be the duty of the Justices in the several counties, and they 

20 days notice are hereby required to pay to the clerk of the Inferior court in their respective counties, 

shall sell them " • • * • i j i i . 

to the highest at each term of said court, all monies in their hands that have arisen from the sales ot 

Thefustkes Estrays as aforesaid, deducting live per centumf for commissions, and such other charges 

to pay all mo- as are allowed by law, and all monies so paid shall be subject to the order of the Inferior 

rues arising ^ » 

from the sale court for county purposes. 

to tiVC del i£ 01 

the inferior Sec. 8. And be it further enacted, That if any person or persons shall within the term 

court, &c. p ^ wo y Ca rs from the time of such sale prove to the satisfaction of the court, that the 

Owners of es- 
trays may ap- property so sold was his, or their own, or that of his or their employers (us the case may 

years for com- ke) m that case the court shall, after deducting the fees and charges, hereafter described, 

pensation. p ay ^ ae balance of the money arising from such sales, to the claimant of such property. 

Sec. 9. And be it further enacted by the authority aforesaid, That the justice for his 

services as above, shall receive from the taker up, at the time such Estray or Estrays shall 

Justices fur- {j C brousjht before him, or a description or valuation thereof presented to him as above, 

tiler fees' in ° 

such cases. the sum of seventy five cents for each horse, mare, colt, filly, ass or mule, and the sum of 

six and one fourth cents for each head of neat cattle, sheep, goats, or hogs. 

Sec. 10. Jlnd he it further enacted, That the taker up of such Estrays, shall as a com- 

Ti.e taker up pensation for maintaining and keeping of the same, put them to immediate labour, if ca- 

tra-s P to labor pable ofscrviec, and if incapable, or lie should prefer it, receive from the owner if claimed, 

or receive rea- 01 ,f r0!n $\ lc court if sold, a reasonable satisfaction to be adjudged by the clerk, and a jus- 

•sonable com- ■ " ° " J 

pensation. tiee f the peace of the county, according to the circumstance of the case : — Provided 
Proviso. nevertheless, That in ease the putting such Estray to labour, he shall be bound to produce 

* This Section altered and amended by act ot 1303, No. 100, requiring ail neat cattle, &c. not 10 be sold un- 
der twelve months, and the clerks of the Inferior Courts, previous to the advertisement and sale by the justice, 
to advertise at the door of the Court House, on the first day of every term of the Inferior and Superior Courts. 

f By act of 1803, No. 100, Sec. 2d, Paid 25 cents for each estray advertised. 



PASSED IN THE YEAR ISO*, 



said Estray to the owner if claimed, or to the clerk if sold, (casualties excepted) in as (No. 8.) 
good condition as when appraised. 

Sec. 11. And be it further enacted, That upon the delivery of any such Estray to the HIsfe£s 
legal owner, or in case of sale, upon the sale thereof, the taker up shall receive from the 
owner or clerk, as the case may be, the sum of one dollar, for each horse, mare, colt, filly, 
ass, mule or ox, in addition to the sum by him paid to the justice, and the sum of twelve 
and a half cents for each head of neat cattle, sheep, goats or hogs, in addition to the suxn& 
above mentioned for the keeping and maintenance of the same.* 

Sec. 12. And be it further enacted, That the clerk of the said court shall for there- Tl.ecierlc^ 
ceiving, entering and publishing every certificate as above directed, receive the sum of ew ' 
fifty cents to be paid by the owner upon claiming the property or deducted out of ihe 
money, arising from such property in case of sale, and the further sum of five per centum 
upon the balance of such money as a compensation for selling, collecting and paying.f 



Sec. 13. And be it further enacted, That it shall be the duty of the clerk of said court, 
to render to the said Inferior court, at every term thereof a true statement of all monies 
arising from the sales of Estrays, as aforesaid, accompanied Avith the proper vouchers, and 
exhibit a correct statement as aforesaid, to the grand jury of the county at every fall term 
of the superior court and oftener if required. 

Sec. li. And be it further enacted, That any person taking up any Estray as afore- 
said, and failing or neglecting to comply witb, and fulfil the true intent and meaning of 
this Act, and being thereof duly convicted before the inferior court, shall for every such 
offence forfeit and pay a sum equal to double the value of such Estray, so neglected to be 
tolled and advertised as aforesaid, to be recovered by suit or action at law, the informer 
to he the plaintiff in the action ; one half of the sum so received to the use of the informer, 
the other half to the use of the county. 

Sec. 15. And be it further enacted, That if any justice or clerk shall refuse or nc- 
i a ,, ' . ... i , ., . , justices a 

gleet to perform the duties required by this act, each justice or clerk neglecting or refu- clerks ne- 

- -*. ♦« ■. . ' . «,»«..., „. electing their 



The clerk (ft 
render to the 
Inferior court, 
and grand ju- 
ries, a state- 
ment of all 
monies aris- 
ing from the 
sale of estrays. 

Peri ons ne- 
glecting to 
comply with 
this act, lia- 
ble to forfei- 
ture. 

How re cover- 
ed. 



Justices and 



sing, shall for every such neglect or refusal forfeit the sum of twenty dollars, one moiety dutyto^?^ 

to be paid to the party informing, and the other moiety to the use of the countv, where i ™" 1 , and P a 5 
,„.,,,. . . , " ' ""vjl^ double costs. 

such ottence shall be committed to be recovered by action of debt, in any court having 

cognizance of the same, and shall moreover be liable to an action of damages to the party 

injured, and upon conviction pay double costs. 



Sec. 16. And be it further enacted, That it shall be the duty of the clerks of the 
superior courts and they are hereby required, at the first term of the inferior court, in the 



* This Section also altered by the act of 1803, No. 100— allowing to the taker up reasonable compensation, to 
$>e ascertained by the Justices of the district where the Estray was taken up, or any two Justices of the County. 
t See the 2d Section of the above act, No. 100— Containing the advertising fee for Clerk. 

B 



Clerks of Su- 
perior courts 
to pay over 
to clerks of 
the Inferior 
all monies in 
their hands 
arising from 
the sale -of Es- 



10 



LAWS OF GEORGIA, 



(No. 8.) 

tray j hereto- 
fore, Togeth- 
er with the 
books and do- 
cuments there 
to belonging-. 

All former 

laws militat- 
ing- against 
this Repealed. 



several counties, to be holden after the passing of this act, to pay over to the clerks of 
the inferior courts in the respective counties, aU monies which may be in their hands, 
which have arisen from the sale of Estrays, accompanied by the books and documents 
thereto appertaining. 

Sec. 17. And be it further enacted, That all laws, and clauses of laws relative to tak- 
ing up and disposing of Estrays, which militate against this act, be and the same are 
hereby repealed. 

DAVID MERIWETHER, Speaker of the House of Representatives* 
JOHN JONES, President of the Senate, pro. tempore. 
Assented to, November 30, 1801. 

JOSIAH TATTNALL, Jan. Governor. 



(No, 9.) 



Preamble. 



AN ACT 
To incorporate the Iloman Catholic Church in the city of Savannah. 

HEREAS, a religious society known by the name of the Roman Catholic Church, 
lias been established in the city of Savannah ; And whereas, it is necessary for the 
promotion of religion and virtue, that churches or religious societies, be made capable of 
holding, enjoying and defending any property which they may acquire, by donations of 
otherwise. 



Roman Catho- 
lic Church in- 
corporated, 
and Trustees 
named. 



Their powers. 



Sec. 1. JSE it therefore enacted by the Senate and House of Representatives of the 
State of Georgia, in General Assembly met, and by the authority of the same, That Don 
Emanuel Rengil, Thomas Dollaghan, Thomas Callaghan, John Shaw, Francis Roma^ 
Bartholomew Coquillon and John Moquette Montalet, and their successors in office, 
shall be and they are hereby declared to be a body corporate, by the name and style of the 
Trustees of the Roman Catholic Church of the city of Savannah. 

Sec. 2. And be it further enacted by the authority aforesaid, That the said Don 
Emanuel Rengil, Thomas Dollaghan, Thomas Callaghan, John Shaw, Francis Roma, 
Bartholomew Coquellon and John Moquette Montalet, Trustees as aforesaid, and their 
successors in office, shall be invested with all manner of property, both real and personal, 
all donations, gifts, grants, immunities and privileges whatsoever, which may belong to 
the said Church, at the time of passing this act, or which hereafter may be made, convey- 
ed or transferred to them, or their successors in office, to have and to hold the same for 
the proper use, benefit and behoof of the said Church : — And also that the said Trustees, 
and their successors, shall be and they are hereby declared to be capable of suing and be- 
ing sued, impleading and being impleaded, and of using all necessary and legal steps for 
recovering or defending any property whatsoever, which the said Church may hold, claim 
or demand ; and also for recovering the rents, issues, and profits of the same, or any part 
or parcel thereof. 



PASSED IN THE YEAR 1801. li 



Ml -.'r-"-.". HB5S ' ': T " ' V. ' . ? 



Sec. 3. ^wd &e it further enacted by the authority aforesaid, That the said Trus- (No. 9.) 
tees, shall hold their office for and during the term of one year, three of the said Trustees To be ap . 
being subject to removal annually, at the option of the congregation ; and that on the ggj*^?^" 
first Monday in January annually, between the hours of ten and twelve o'clock, at the £^£* 
meeting-house of said Church, the congregation shall assemble for the purpose of elect- 
ing three Trustees, discreet and virtuous men, to hold their office for one year as afore? 
saidj with the same powers and and for the same purposes as above declared. 

DAVID MERIWETHER, Speaker of the House of Representatives. 
JOHN JONES, President of the Senate pro. tempore. 
Assented to, November 30, 1801. 

JOSIAH TATTNALL, jun. Governor. 



AN ACT (Ko. 10.) 

To amend an aet, entitled iS Jin act to establish and make permanent the Seat of the 
Public Buildings of the County of Camden, at or near the center of said County," so 
far as respects the addition of two Commissioners, the place for holding Courts, Elec- 
tions, and other County business, and for malting further provision for the com^- 
fpletion of the aforesaid Buildings, 



HEREAS, the aforesaid act, has not been carried into operation, and it is deemed p reani M e 
expedient that the same should be carried into full effect without further delay. 

Further coni- 

Sec. 1. BE it therefore enacted by the Senate and House of Representatives of the missioned of 

State of Georgia, in General Assembly met, and by the authority of the same, That Stephen House arid 

Eubanks and Habakkuk Wrisjht, be and they are hereby appointed Commissoners of the Jail of Cam- 

. . . „ „ , den county 

court-house and jail tor the county of Camden, in addition to those already appointed by appointed. 

the aforesaid act; — and until the said court-house and jail shall be completed in conformity ^£t*ouse & 

to the act aforesaid, all courts, elections, and other county business, shall be held, and i ail is comple- 

transacted at the house, where captain John Eaton now lives, on the Great Satilla ri- & c .'tobeheid 



ver. 



at capt. John 
Eaton's. 



Sec. 2. And be it further enacted, That it shall, and is hereby declared to be the duty Duty of the 
of the inferior court of the county of Camden, to aid the speedy completion of the said InfenorCour 
Public Buildings, by such appropriations of the county funds as may be deemed necessary, 
oy the commissioners or a majority of them ; and for that purpose the said court is hereby 
authorized and required to augment the county tax \~Providal, the present rate of tax Pl0ris0 
shall be found inadequate. 



12 



LAWS OF GEORGIA, 



(No. 10.) Sec. 3. Jlnd he it further enacted, That all laws, of parts of laws, heretofore passed 
clause 1 " 8 repugnant to this act, shall be and they are hereby repealed. 

DAVID MERIWETHER, -Speaker of Vm House of Representatives < 
JOHN JONES, President of the Senate, pro. tempore. 
Assented to, November 30, 1S01. 

JOSIAH TATTNALL, jun. Goveejtoe. 



(No. 11.) 



Preamble. 



Ferry estab- 
lished at Shell 
Bluff on Sa- 
vannah river, 
in Burke 
county. 
Vested in 
Killbee and 
Lowe. 



AN ACT 

To establish a Ferry on Savannah River* 

HERE AS, it is necessary for the interest and convenience of many of the citizens 
of this State, that a Ferry should be established at Shell Bluff on Savannah river, in the 
county of Burke.— 

BE it therefore enacted, That a Ferry shall be established at the above place, under 
such restrictions and regulations, as the inferior court of the county of Burke, may from 
time to time direct and order, and the right of the same is hereby vested in Christopher 
Killbee, and Edmund Lowe, the proprietors of the said Bluff. 

DAVID MERIWETHER, Speaker of the House of Representatives* 
JOHN JONES, President of the Senate, pro. tempore. 

Assented to, November 30, 1801. 

JOSIAH TATTNALL, jun. Goveenob. 



(No. 12. ) 



Preamble, 



AN ACT 
To authorize John Martin Basher, to "keep open and improve the Navigation of Ebenex-er 
Mill creek, and to erect JUills thereon.* 

7, 



/y HEREAS, John Martin Dasher, and a number of the inhabitants of Effingham 
comity, residing on or near Ebenezer Mill creek, have petitioned this Legislature for an 
act to authorize the said John Martin Dasher, to keep open and improve the navigation 
of the said creek, from the mouth thereof to where the said John Martin Dasher has or 
is about to build a grist and saw Mill thereon ; and to authorize him to stop the said creek 
at said Mills, and the different branches and lagoons leading to and from the said creek, 
where it may be necessary for the benefit of a sufficient reserve of water. 

Sec. 1. BE it therefore enacted by the Senate and House of Representatives of the 
Slate of Georgia, in General Assembly met, and by the authority of tlie same, That it shall 



See act cf 1802, No. 41— amendatory of this act. 



PASSED IN THE YEAR 1801. 13 



and may be lawful for the said John Martin Dasher, to open and keep clear the said Eben- (No. 13.) 

ezer Mill creek, from the mouth thereof to the Mills of the said John Martin Dasher, To ^ ^ 

and to stop by good and sufficient dams the said creek, and all the branches, prongs and and improve 

1 J o the -navigation 

lagoons on each side thereof, in order that a sufficient supply of water may be retained lor of febenezer 

turning said Mills. 



Mill Creek, 



Sec. 2. And he it further enacted, That if the dams which now are, or may. hereafter Wjofo^ 
lie erected by said John Martin Dasher, ibr the purpose of retaining Water for the use of flowed how Q 
his said Mills, shall injure or damage any of the lands on the said creek, or any branches, be remediedi 
prongs ov lagoons, on either side tJiereof, by overflowing the same, the owner thereof may 
call on five disinterested freeholders of the neighbourhood to view the same, the said John 
Martin Dasher being notified to attend, and of the time of taking such view, and if upon 
such view it shall appear to such freeholders, or a majority of them, that such dams arc 
the cause of any real injury being done to the said land, to warn the said John Martin 
Dasher thereof; and if the said John Martin Dasher do not within such reasonable time 
as the said five freeholders or a majority of them shall direct, remove the cause of such 
injury, it shall and may be lawful for the said freeholders, or a majority of them, to cause 
the same to be removed, by cutting the dams, or otherwise letting off the water which 
produced the injury. 



Penalty for 
cutting awa; 



Sec. 3. And he it further enacted hxj the authority aforesaid, That if any person or 

persons shall cut or destroy any of the dams or works which now are, or, may hereafter 

be erected by the said John Martin Dasher at his said Mills on the said creek, or any of any of the 

dam* on said 
the branches or prongs thereof, or any lagoons leading to or from the same on either side creek. 

thereof, otherwise than as directed by this act, he or they so offending shall forfeit and pay 

to the party injured, the sum of one thousand dollars, to be recovered by action of debtor 

otherwise, in any court having cognizance thereof, at the instance of such party. 

Sec. 4. Jlnd ~be it farther enacted, That it shall be unlawful for any person or per- 
sons, to place any obstructions in the said Ebenezer Mill creek, below the Mills of the p f naIv >' f f 

placing 1 ob- 

said John Martin Dasher, and any person or persons who shall offend herein, shall forfeit stru6tton« in 
-and pay to the said John Martin Dasher, one thousand dollars to be recovered in any court, low the mills" 
Slaving cognizance thereof, by action of debt or otherwise. of Johii $&^> 



1 :r Dasher, 



DAVID MERIWETHER, Speaker of the llovjte (f BqirescntaUves* 
WILLIAM BARNETT, President of ike Senate, 
Assented to, December 1, 1S01. 

JOSIAH TATTNALL, jun. Governor, 



4* LAWS OF GEORGIA; 



CNb- 13.) AN ACT 

To repeal an act, entitled « an act for inflicting penalties on, and confiscating tlie Mates 
of such persons as are therein declared guilty of treason, and for other purposes therein 
mentioned," so far as respects the banishment of Thomas Skinner, and John A. x Fry- 



mont. 



The act of con BE U enacted % the Senaie a ^d House of Representatives of the State of Georgia, in Gen- 

fixation and cral Jissembhj met, That the act for inflicting penalties on, and confiscating- the estates of 
bamshment so , ,, ; , * ., „., _ ■ _ „ » vsjM**va v 

far as relates sucu persons as are therein declared guilty of treason, and for other purposes therein xnen- 

skinnerTnd tioned > P assed the fourth day of May, one thousand seven hundred and eighty-two, so far as 
John a. Fry. relates to the banishment of Thomas Skinner, and John A. Frymont, be and the same is 

mont 3 repeal- , , , , *,,•..* *? 

ed. hereby repealed. 

DAVID MERIWETHER, Speaker of the House of Representatives, 
WILLIAM BARNETT, President of the Senate. 
Assented to, December 1, 1801. 

JOSIAII TATTNALL, jun. Governor. 



AN ACT 
Pjfo. li.) To authorize the Justices of the Inferior Court of the County of Glynn, to lay off a Neiv 

Road in said county. 



1 ^ E it enacted by the Senate and House of Representatives of the State of 

Justices of the Georgia, in General assembly met, and by the authority of the same, That the justices of 

authorized to the inferior court of the county of Glynn, be and they are hereby authorized and required 

road *f " * IeW to cause to ^ e l a *d °^» a R° a( l from Fort Barrington on the Altamaha, by the nearest and 

Port Barring- best route to the town of Brunswick, in the said county of Glynn, and from thence by the 
'on to Bruns- 
wick, & from head of Buffalo and Turtle river, to the main Road leading from Fort Barrington to the 

Mary's. town of St. Mary's, in the county of Camden. 



Who liable to 



Sec. 2. Jlnd be it further enacted by the authority aforesaid, That all the mail inha- 
bitants in the said county of Glynn, subject to work on the Roads in the said county, in- 
»ork on said eluding all the islands belonging thereto, shall be liable to work on the said Road, under 
the same rules and regulations and subject to the same fines for default as is pointed out 
by the act, entitled <* an act to empower the inferior courts of the several counties in this 
State, to order the laying out of public Roads, and to order the building and keeping in 
repair of public bridges," passed the 4th day of December, 1799. 

Sec. 3. Jlnd be it further enacted, That all laws or parts of laws, heretofore passed, 
clause. b which shall be repugnant to this act, be and the same are hereby repealed. 

DAVID MERIWETHER, Speaker of the House of Representatives. 
WILLIAM BARNETT, President of the Senate. 
Assented to, December 1, 1801. 

JOSIAH TATTNALL; jun. Governor, 



PASSED IN THE YEAR 1801. 



AN ACT ■ (No. 15.) 

To manumit and make free certain persons of colour, whose names are tlierein men- 

tioned* 



W HEREAS, Richard Meriwether, and others have petitioned the present Legisla- 
ture, praying that an act may be passed, to manumit and make free Lucy Barrot and Betty 
Barrot, Jim, commonly called Jim Lary, and a mulatto girl, named Nancy, late the pro- 
perty of Alexander Kevan, persons of colour, who are their right and property. 



Preamble 



Sec. l. BE it therefore enacted by the Senate and House of Representatives of the 
State of Georgia, in General Jlssemblij met, and by the authority of the same, That Lucy lo ^f °\l^.^ 
Barrot, and Betty Barrot, Jim, commonly called Jim Lary, late the property of John named maim 
B. Lary, and mulatto girl named Nancy, late the property of Alexander Kevan, persons 
of colour, be and they are hereby manumitted, and made free, and entitled to the same 
rights, privileges and immunities as if they were born free. 



Sec. %. Be it further enacted, That this act, shall not be so construed as to give, or 
grant unto the aforesaid Lucy Barrot, and Betty Barrot, Jim, commonly called Jim 
Lary, late the property of John B. Lary, and a mulatto girl named Nancy, late the pro- 
perty of Alexander Kevan, persons of colour, who do appertain to the household of Rich- 
ard Meriwether, and others, and who are hereby manumitted and made free, any rights, 
privileges, or immunities, except such as free people of colour, are entitled to by the 
laws of this State. 



No other pri- 
vileges giv- 
en to the said 
persons of co- 
lor, other than 
those given to 
free people of 
colour by the 
laws of this 
State, 



Sec. 3. And he it further enacted by the authority aforesaid, That the aforesaid per- Said persons 
sons of colour, who are hereby manumitted and made free, shall nevertheless be subject d^bts off-^hek 
and liable to any legal demands which now doth exist, against the said Richard Meri- former own ~ 
wether, and others. 

DAVID MERIWETHER, Speaker of the House of Representatives 
WILLIAM BARNETT, President of the Senate. 
Assented to, December l, isoi. 

JOSIAH TATTNALL, jun. Govebnoe. 



(No. 16. 



AN ACT 
To alter and amend an act, entitled « Jin act to*establish Tobacco Inspections at the 
several places hereinafter mentioned, and for improving the Navigation of Broad El- 
ver and Oconee River," passed the 15th day of February, one thousand seven Mindred 
and ninety-nine, so far as respects the Navigation of the Oconee Mirer J* 

Sec 1 k-€ 

JJE it enacted by the Senate and House of Representatives of the State of penalty ct :.i 

Georgia, iu General Assembly met, and by the authority of the same? That from and after ^ la f ™. p g[ 

TT ^ ™ i T~T. " — — per,j >n to stoi 

bee No. 60, amendatory of this act— And See act of 1805, No. 208, incorporating a company to improve the na- the Oconee ci 
vigation oi the Oconee nver up to John Harnett*— And act of 1808, No. 359, allowing a Lottery for that purpose. 



16 LAWS OF GEORGIA, 



(No. 16.) the passing of this act, no person or persons, under the penalty of twenty dollars per day, 

vcr from the &ua!l dam, stop, or obstruct the Oconee river, from the middle or center of said river to 

toSe* mouth the western bank thereof, from the Rock Landing up the said river, to the mouth of the 

of the Appa- Appalaehee, but the same is hereby declared to be a free passage. 

lachee. 

20 dolls, pen- Sec. 2. And he it further enacted, That ao person or persons, under the penalty of 

i>lty 'for any • ' 

person to stop twenty dollars per day, shall dam, stop or obstruct the said Oconee River, from the 
^STouth'S' moufll of ihG Appalaehee aforesaid, up the main stream thereof to the Big Shoals at 
the Appala- John Harnett's, in the county of Jackson ; but the same is hereby declared to be at least 

cj'rqp to J 01} 11 

Harnett's on one third part thereof, including the main channel, a free passage. 

the Big Shoals 

Jurisdiction Sec. 3. Jliul he it further enacted, That it shall be the duty of any Justice of the 

tices of the Peace, in whose district such offence or offences may be committed, to issue his warrant, 
offended a- 7 l, P on information on oath of any free white person, commanding such offender or offenders 
gainst this act to be brought before him within ten days, to answer the charge alledged against him, her 
or them, and such Justice shall issue summonses to compel the attendance of such wit- 
nesses as may be thought necessary to establish or defend the said charge, who shall be 
subject to attachment for non-attendance, or refusing to answer on oath such questions as 
may be asked them 5 and if upon such examination it shall appear that such offender or 
offenders, is or are guilty of any breach of this act, it shall be the duty of the said Justice 
to enter up seperate judgments, against such offender or offenders, for the sum of twenty 
dollars for each day such obstruction shall have continued. And the said Justice shall 
forthwith issue execution on the said judgment or judgments so entered up, which judg- 
ments shall be levied on the goods and chattels, lands and tenements of such offender or 
offenders, and sold agreeably to the law regulating constable's sales; and the money arising 
from such line or fines, shall be paid into the hands of such Justice of the Peace, one half 
thereof to the use of the informer, and the remaining moiety shall be paid by the said 
Justice of the Peace, to the Clerk of the Inferior Court, to be appropriated to the sam« 
uses as the other county funds. 

When an Sec * *• * and &g & f urther enacted hij the authority aforesaid, That if any Justice of 
Justice of the the Peace shall in any manner offend against this act, it shall and may be lawful for him 

I'ep.ce offends , -. , „ , , »■•■ ■«•■•■ j«'" i • * it « 

against this or them to be sued or prosecuted in any one 01 the adjoining districts ; and the same fees?. 
tried. W t0 ° 6 sna ^ De levied, and collected for services performed under this act, as are allowed for like 
services in magistrate's courts. 

Repealing- Sec. 5. And he it further enacted, That so much of the above recited act as militates? 
against this act, be and the same is hereby repealed. 

DAVID MERIWETHER, Speaker of the House of Meprescntaiives*. 
WILLIAM BARNETT, President of the Senate. 
Assented to, December 2, 1801. 

JOSIAH TATTNALL, jun. Goyekjtqb* 



PASSED IN THE YEAB 1801, 



AN ACT (®o. 11 

Explanatory, and to amend that part of the Judiciary Act, passed in the year one thou- 
sand seven hundred and ninety-seven, winch respects Justice's Courts. 



HEREAS it has been found by experience, that, that pavt of the Judiciary act, p. c; ,:.: 
passed in the year of our Lord one thousand seven hundred and ninety-seven, which re- 
spects Justice's Courts, does not answer the effect thereby intended :~ 

Sec. 1. BE it therefore enacted by the Senate and House of Representatives of the <Tlll . iMi . : .,. 

State of Georgia in General Assembly met, and hy the authority of the same, That given to Ju«- 

from and immediately after the passing of this act, it shall and may be lawful for any £11°, where 

person or persons, who has or have in his, her or their hands, any bond, note or account, ^iSied 

which was eiven for any sum exceeding thirty dollars, and the amount of which has been int ° *mali 

" o ^ ° - .- one?, or for a 

reduced by any payment or payments to a sum under thirty dollars, and such payment or remaining in- 
payments are indorsed on the back of said bond or note ; or where any bond, note, ae- thavT thirty 
count or other agreement, (gaming debts excepted) which in its original exceeds the tloilar5 - 
sum of thirty dollars, but has been reduced by bond or bonds, note or notes, although 
of equal date and payable at the same period, to a sum or sums of or under thirty dollars 
each ■ that then, and in every such case, it shall and maybe lawful for every person or 
persons, who has or have in his, her or their hands, any such bond or bonds, note or 
notes, or accounts as aforesaid, to bring suit thereon in the Magistrate's Court of the 
district where the said debtor or debtors may reside; and the Magistrate before whom 
such suit is brought, may give judgment for whatever sum in his judgment appears to be 
due upon such bond or bonds, note or notes, or account, provided the said judgment does 
not exceed on any one trial the sum of thirty dollars. 

Sec. 2. And he it further enacted, That a Justice of the Peace shall be, and he is; 

hereby authorized to issue his summons to any part of the county, compelling witnesses Powers to 

,, * j . , , compel the at. 

to attend, and give evidence in any case to be tried before hrai, which being served ten tendance of 

days before the day of trial, each witness so summoned, and not attending, shall be sub- 
ject to a fine not exceeding ten dollars, unless satisfactory excuse be made on oath* the 
said Justice on failure of such excuse, shall issue his execution therefor, and the money 
when collected to be applied for county purposes • and the witness if residing out of the 
district, shall be allowed seventy-five cents per day for attendance, which sum or sums 
mall be added to the bill of costs. 

DAVID MERIWETHER, Speaker, of the Mouse of Representatives* 
JOHN JONES, President of the Senate? pro. tempore. 
Assented to, December 4, 1801. 

JOSIAH TATTNALL, jun. Governor. 

C 



witnesses 
from any part 
of the t.-ouni.r. 



IS 



LAWS OF GEORGIA, 



(No. IS.) AN ACT 

To secure to Louis Osmont, the exclusive right and privilege of Establishing a Terra 
across the River Alatamaha, at the place known by the name of New-Hope to the town 
of Barien, on said River. 

Sfc 1 H^S 

_0 E it enacted by the Senate and House of Representatives of the State of 

right C g!vento Geor §^ ™ General Assembly met, and by the authority of the same, That the exclusive 
Louis Osmont right and privilege of establishing a Ferry from New-Hope to the Town of Darien. be 

to establish a • 1 i » i i . 

Ferry across and the same is hereby continued unto him the said Louis Osmont, his heirs and assigns 
for the term of ten years, commencing the first day of January, one thousand eiHht hun- 
dred and two, provided the said Louis Osmont shall within six months, have a sufficient 
Flat, or Ferry Boat, for the passage of travellers with waggons and carriages to and from, 
both by night as well as day. 



the Alatama- 
ha. 



Sec. 2. And be it further enacted, That it shall not be lawful for any person or per- 
it a Ferry on said I 
place herein before mentioned. 



No person to 

erect a Ferry sons to eree t a Ferry on said River within three miles up or down said River, from the 

Within 3 miles 
of him. 



Rates of 
Ferriage. 



Sec. 3. And be it further enacted, That the said Louis Osmont, his heirs and-as» 
signs, shall and may receive, and take the several sums hereinafter specified at the place 
aforesaid, that is to say — for every foot passenger, fifty cents: for each man and horse, 
one dollar and fifty centsj for each single horse led or driven, seventy-five cents $ for 
each two wheel carriage, two dollars ; for each four wheel carriage, four dollars $ for 
each waggon, team, and driver, three dollars $ for each cart, team and driver, two 
dollars. 



Bound to 
keep the ferry 
in good repair 
under a penal- 
ty, & account- 
able for all 
losses. 



Sec. 4. And be it further enacted, That the said Louis Osmont, shall be bound to 
keep good and sufficient Boats or Flats, capable of passing all carriages of common use, 
and to be accountable for all losses which shall happen by the Boats or Flats which are 
kept for the use of the Ferry, and shall enter into bond with security, himself in a thou- 
sand dollars, and a security to be approved by the Justices of the Inferior courts of M'Intosh 
and Glynn Counties, in the sum of five hundred dollars, for the due and faithful perform- 
ance of the trust reposed in him by this act. 

DAVID MERIWETHER, Speaker of the House of Representatives, 
JOHN JONES, President of the Senate, pro tempore. 
Assented to, December 4, 1801. 

JOSIAH TATTNALL, jun. Governor, 



PASSED IN THE YEAR 1801. ±9 



AN ACT (No. 19.J 

Supplementary to an Act, entitled, « Jin Act to lay off a County from the Counties of 
Burke and Warrm, for dividing the County of Wilkes, and for other purposes therein 
mentioned" 



Sec. l. jJ E % enac ted by the Senate and Mouse of Representatives of the State of Vv,.> 

Georgia, in General Assembly met, and it is enacted by the authority of the same, That pointing- Jo« 

from and after the passing of this act, so much of the before recited act, as fixes the £Chg' a 

house of Joseph Chairs, in the town of Louisville, as the place of holding courts and holding 

elections for the county of Jefferson, be, and the same is hereby repealed. peaLd. rC 



Sec. 2 And be it further enacted by the authority aforesaid, That the Justices of the 



The Inferior 



Inferior Court of the County of Jefferson, or a majority of them, shall be, and they are Court empow- 
hereby authorized and empowered, to fix on some fit and convenient house in the town of apiace in 01 
Louisville, in which Courts and Elections for said county of Jefferson shall be held, un- ^"i^ n vll ^J CI 
til a Court-House shall be erected. courts, &c. 



Sec. 3. And be it further enacted by the authority aforesaid, That John Clements, 



Additional 



John Shellman, William Flemming and Alexander Caswell, be and they are hereby commission- 

cvs of the ^ 

appointed Commissioners of the Court-House and Gaol, for the County of Jefferson, in courwwaws 



and Gaol of 



addition to those heretofore appointed. jefebn 



DAVID MERIWETHER, Speaker of the House of Representatives. 
JOHN JONES, President of the Senate, pro-tempore, 
Assented to, December 4, 1801. 

JOSIAH TATTNALL, jun. Governor. 



county, ap- 
pointed. 



AN ACT 
To amend an Act, entitled, « Jin Act for inflicting penalties on and Confiscating the 
Estates of such persons, as are therein declared guilty of Treason, and for other pur- 
poses therein mentioned," so far as relates to the Banishment of Josiah Tattnall. 



(No. 20.) 



BE it enacted by the Senate and House of Representatives of the Stale of Georgia, 
in General Assembly met, That the Act, entitled, " An Act for inflicting penalties on, and j os j a h Tatt- 
Confiscating the Estates of such persons as are therein declared guilty of Treason, and nallr elieved 

1 ° from Confis- 

for other purposes therein mentioned," passed the fourth day of May, one thousand seven cation and 
hundred and eighty-two, so far as relates to the banishment of Josiah Tattnall, be and 
the same is hereby repealed; and that the said Josiah Tattnall, be and he is hereby re- 
stored to all the rights of citizenship, with full liberty to remove into this State with the 
property he may be now possessed of, subject to his sole and entire future disposal :~=> 



Banishment. 




20 LAWS OF GEORGIA, 



(No. 20.) Provided, That lie shall not be entitled to claim, hold or recover property sold under 
the above recited act, formerly belonging to the said Josiah Tattnall. 

DAYID MERIWETHER, Speaker of the House of Representatives. 
WILLIAM BARNETT, President of the Senate. \ 
With lively impressions of gratitude, I affix my signature to this act, the 4th of De- 
cember, 1801. 

JOSIAH TATTNALL, jun. Coveuxok. 



(No. 21.) AN ACT 

To secure to Rebecca Echols, wife of James Echols, of Oglethorpe County, such Estate 

as site may hereafter acquire. 

▼ V HERE AS it has been made known to this Legislature that the conduct of James 
Echols, towards his wife Rebecca, and the children which she has born by former mar- 
riage, has for along time been marked with great cruelty and injustice, exhibiting more 
the frantic violence of an insane man than the clemency of a rational and humane hus- 
band. And it appearing also, that the said James hath been duly notified of her applica- 
tion to the Legislature. 



PaeainLle, 



Sec. 1. BE it therefore enactedby the Senate and, House of Representatives of the State 
of Georgia, in General Assembly met, That from and after the passing of this act, Re- 

Givins* to Re- 

becca Echols becca Echols, of Oglethorpe county, wife of James Echols, shall be entitled to possess 

holf property an ^ en J°y m ner so ^ e right, all such estate either real or personal, as she may hereafter 

exclusive of acquire, by gift, purchase, or descent, in as full and ample a manner as if the said Re- 
herhu-soand. * ./ o * 

becca Echols had never been married to the said James Echols, free from the claim 
or claims of him the said James, or his creditors or any of them. 

Sec. 2. And be it further enacted, That the said Rebecca Echols, shall, and may 
have full and ample power to sue for, and recover in any court having cognizance there- 
Powertosue o£> from him the said James Echols, or any other person or persons whatsoever, any 
property or estate, which she may be entitled to, in the same manner as if she the said 
Rebecca Echols had never been married to the said James Echols ; any law, custom 
or usage to the contrary notwithstanding. 



for and reco- 
ver property 



Sec. 5. And be it further enacted, That the said Rebecca Echols, shall be liable to be 
sued, and impleaded in any court of Judicature within this State, for any contract, which 
Made liable, may by her be made, or any cause or causes of action, which may or shall arise from 
and after the passing of this act. 

Sec. •&. And be itfurthtr enacted, That from and after the passing of this act, the said 



PASSED IN THE YEAR 1801. 



James Echols, shall not he liable for any debts, contracts, or act whatever of the said (No. 21.) 
Rebecca Echols j any thing to the contrary notwithstanding. notdiabtefo* 



her debtf . 



DAVID MERIWETHER, Speaker of the House of Representatives, 
JOHN JONES, President of the Senate, pro-tempore. 
Assented to December i, 1801. 

JOSIAH TATTNALL, jun. Governor, 



>T 



AN ACT 
To Carry into Effect the Seventh Section of the Fourth Article of the Constitution. 

K 



(No. 32.) 



Preamble-. 



HEREAS in and by the said seventh section, it is declared, " That the person 
of a debtor, where there is not a strong presumption of fraud, shall not be detained in 
prison, after delivering up bona fide, all his estate real and personal for the use of his 
creditors, in such manner as shall be hereafter regulated by law." And whereas, the 
manner of delivering up such estate has not been heretofore regulated by law, in confor- 
mity to the said seventh section. 

Sec. 1. BE it therefore enacted by the Senate and House of Representatives of the 
State of Georgia, in General Assembly met, and by the authority of the same, That im- 
mediately from and after the passing of this act, any debtor or debtors eharged in execu- Debtors in ex- 
tion, or imprisoned for any sum or sums of money, shall and may petition one of the ecutl0n j n _ 
Judges of the Superior Courts, if the execution or capias ad satisfaciendum issued there- relieved. 
from or the Justices of the Inferior Court if it issued from thence,* setting forth that he, 
she or they are so confined, and are unable to satisfy the execution or executions by 
virtue of which they are detained, and arc also willing to deliver up all their estate, real 
and personal, for the use of their creditors; and upon such petition, the said Judge or 
Justices may, and are hereby required, by order or rule of court, to cause the debtor to 
be brought up, and the several creditors at whose suit lie, she or they are charged or 
imprisoned, as aforesaid, and also all those to whom the said debtor or debtors shall or 
may be then indebted, to be summoned to appear personally, or by their attorney, at a 
day to be appointed for that purpose, upon which day the debtor shall produce his books 
of account, if any he kept, which summons or notice shall be served on each of the said 
creditors, or left at their notorious places of abode if they reside within this State— or 
if they reside without the State, then upon their attorney ; and if no attorney, then to be 
published in one of the Gazettes of Augusta or Savannah, at least two months before the 
«iay appointed for such appearance, and upon such, if any of the creditors summoned 
refuse or neglect to appear, upon affidavit of the due service of such rule or order, the 
court shall, in a summary way, examine tlie matter of such petition, and the sugges- 

> * This Section altered by act of 1803, No. 123— And the Justices of the Inferior Court are required in ail cases, 
ixQxa any court wlutevtr, to discharge insolvent debtors, 



22 



LAWS OF GEORGIA, 



(No. 22.) 



Oath of the 
Insolvent 
Debtor. 



Proviso, 



Proviso. 

Persons com- 
mitting' per- 
jury under 
this act to 
stand in the 
pilvtajy, OS im- 
prisons d and 
never after to 
ftsyt the bene* 
fit of this act. 



tions of fraud, if any, and if upon such examination it shall appear to the court, that 
the debtor is really and bona fide insolvent, then such person shall deliver to the court a 
schedule of all his real and personal estate, debts, credits or effects, and shall take and 
subscribe the following oath, viz. 

" I, A. B. do solemnly swear, (or affirm as the case may be) in the presence of Al- 
mighty God, that I am not possessed of any real or personal estate, debts, credits or 
effects, securities or contracts whatsoever, my wearing apparel, bedding for myself and 
family, and the working tools or implements of my trade or calling, together with the 
necessary equipments for a militia soldier excepted, other than are contained in the sche- 
dule now delivered, and that I have not, directly or indireetly, since my imprisonment, 
or before, sold, leased, assigned or otherwise disposed of, or made over in trust for my- 
self or otherwise, any part of my lands, estates, goods, stock, money, debts, securities 
or contracts, whereby any money may hereafter become payable, or any real or personal 
estate, whereby to have or expect any benefit or profit to myself, my wife or my heirs"— 
So help me God. And upon the said debtor having taken and subscribed the aforesaid 
oath, the Court shall order the Sheriff or Jailer to discharge the said debtor from con- 
finement on account of the matter contained in his petition, and such order shall be a 
sufficient warrant to the Sheriff, Jailer, or keeper of such debtor, to discharge the said 
debtor if detained for the causes mentioned in his or her petition, and no other ; and he 
is hereby required to discharge and set him or her at liberty, forthwith, the debtor pay- 
ing his or her fees ; nor shall the Sheriff, Jailer, or keeper of the said debtor, be liable 
to any action of escape, or other suit or information upon that account. Provided, That 
no person shall be permitted or entitled to take any benefit or advantage of this act, who 
has, within twelve calander months, lost at any one time, by any species of gaming, th^ 
sum of one hundred dollars, or at different times the amount of 300 dollars. Provided 
also, and be it further enacted, That if any such person who shall take such oath as 
aforesaid, shall, upon any indictment for perjury, in any matter or particular contained 
in the said oath, be convicted by his or her own confession, or by virdict of twelve men, 
as he or she may be by force of this act, the person so convicted shall stand in the pillory 
for the space of two hours, be imprisoned at the discretion of the court, not exceeding 
twelve months, and shall never after have the benefit of this act, and shall be forever 
after incapable of being a witness in any Court of Justice, or serving as a Juror. 



Th< 



fliW 

.his 



2. Jlnd be it further enacted, That each and every debtor so discharged as afore- 
said, shall never thereafter be arrested or imprisoned, by virtue of any execution founded 
u^debtof ll P 0K an y judgment obtained, or hereafter to be obtained, upon any debt or contract be- 

ays 3 but f ure t ] ja £ ^ me en ^ eret [ \ n i w {] ie ga id debtor or debtors, to anv creditor so notified as 

person * ^ 

er thereaf- aforesaid ; neither shall any debtor so discharged as aforesaid, be arrested or held to 

bail on mesne process, for or on account of any debt or contract entered into prior to 
their discharge as aforesaid ; and any creditor so notified as aforesaid, who shall cause 
t lie person of any debtor so discharged as aforesaid to be arrested, knowing of such dis- 
charge, shall forfeit and pay the sum of five hundred dollars, to be recovered by bill, 
plaint, or information; ha any court having cognizance thereof; one half to the use of the 



tcr liable 



PASSED IN THE YEAR 1801. 23 



other creditors of the said debtor — and the other moiety to the sole use of the said (No. 22.) 
debtor, of which his creditors shall have no part or benefit ; Provided, That nothing 
herein contained shall prevent any creditor to have execution at any future time against the 
property both real and personal of such debtor or debtors. 

Sec. 3. And be it further enacted. That if any person shall discover and give in- 
formation of any property embezzled or concealed by any debtor as aforesaid, previous to ^'X^hoSTo 
his discharge, or not included in the schedule so delivered in as aforesaid, such person be disposed. 
shall be entitled to one half of the value of such property, upon its being established 
that the same was the property of the said debtor, and embezzled, secreted, or not in- 
cluded in the schedule as aforesaid. 

Sec 4. JLndbcit further enacted, That the property contained in the said schedule, 
presented to the court by such debtor or debtors, shall be delivered into the hands of the Disposition of 
Sheriff of the county in which such debtor or debtors may have been confined, who shall th j^^ ert f 
make sale thereof, agreeably to the law regulating Sheriff's sales within this State j and the debtsr. 
if any part of the property so given up shall consist of judgments, bonds, notes, con- 
tracts, securities, mortgages, liquidated demands or open accounts, the court shall order 
the same to be assigned over by said debtor or debtors, to some fit and proper person or 
persons, whom a majority of the creditors shall nominate to the use of, and in trust for 
such judgment creditors, which when collected by the said trustee or trustees, together 
with the money which may be in the hands of the Sheriff, arising from the sale of any 
property of such debtor or debtors, shall be subject to the further order of, and after the 
payment of the costs and charges, shall be distributed by the said court agreeably to the 
laws within this State for the payment of judgments aud executions. 

Sec. 5. JLnd be it further enacted, That the said trustee or trustees, shall proceed 
without delay, to collect all the debts, &c. so transferred as aforesaid, either by suit or Collecting the 
otherwise, which, when collected, shall be paid by the said trustee or trustees, into the i^iven^Trd 

Clerk's office of the said court, and the said trustee or trustees shall have and receive their further 

ii . disposition. 

five per centum on all monies so collected by him or them, as a compensation for his or 

their trouble and expenses in collecting the same. And any trustee or trustees who 

shall fail to pay into court, any money by him or them collected as aforesaid, shall be 

subject to the same punishment for contempt, and to the same mode for the recovery 

of the said money as Sheriffs are liable to by the laws of this State. 

Prison fees of 

Sec. 6. JLndbe ii further enacted, That when any person or persons who now are, or the insolvent 
hereafter shall be committed for any debt or damage whatsoever, and shall not be able perso/at e 

whose in- 
stance he is 
imprisoned- 



"LAWS OF GEORGIA, 

■ " , ' ' .■...-. ■ , ... ^ 

(No, 22.) to satisfy and pay his ordinary prison fees, such fees shall be paid by the person at whose 
instance such insolvent person may be confined.* 

DAVID MERIWETHER, Speaker of lite House of Represent atheSi 
JOHN JONES, President of ihc Senate pro-tempore. 
Assented to, December 5, 1801. 

JOSIAH TATTNALL, jun. Governor. 



Their Oath. 



6*o. 23.) AN ACT 

To regulate Escheats in this State, and to appoint Esclieators, 

eg. , j|j>|2 n enacted by the Senate and House of Representatives of the Stale of 
Georgia, in General Assembly met, and by the authority of the same, That the Clerk of the 
, ."'■ "''' ' Court of Ordinary in each County, be, and he is hereby required to take upon himself, 
court of Ordi- and execute the duties of Escheator, for the purposes, and after the manner hereinafter 
cheater? *' mentioned and prescribed, that is to say :■— Every Clerk of the Court of Ordinary in each 
County, shall give bond, with good and sufficient sureties, payable to, and taken by the 
Governor for the time being, for the use of the State, which shall be recorded in the 
Secretary's Office of this State, in the penal sum of ten thousand dollars, for himself and 
sureties jointly and severally, and conditioned for the faithful discharge of the duties of 
said office, and shall moreover take the following oath, to be administered by the Gov- 
ernor, or any one of the Judges of the Superior Court, at the time of taking said bond, to 
wit:—" I, A. B. do solemnly swear that I will faithfully execute the duties of Eschea- 
tor, for the State of Georgia, and diiigent enquiry make for all property which hath 
escheated, or shall escheat to the State, according to the true intent and meaning of the 
act, in this case made and provided" — So help me God. 

Sec. 2. Jind be it furtlier enacted by the authority aforesaid, That where it shall ap- 

„, , „ pear that any person has died without will and without heirs,- leaving property behind. 
I he duty of r», 

the Escheator that then and in such case it shall be the duty of the Escheator of the county in which such 

person shall have died, to make enqiiiryof all the estate both real and personal, of which 

the deceased died seized and possessed, and to notify the same in writing to the Escheator 

of every other county, in which the deceased, at the time of his death may have held, or 

been possessed of any estate, either real or personal, and thereupon it shall be the duty 

of the Escheator of the county, in which such person shall have died, and of every other 

Escheator so notified, as aforesaid, to make a true and just statement, of all the property 

so far as comes to his knowledge, which the said deceased may have been seized and 

possessed of in his county, and notify the same to the Judge of the Superior Court, at 

least two months previous to the meeting of said Court in such county, and the Judge 



* See the 2d Section of the act of 1803, No. 123— Requiring- that where the creditor resides out of the county, 
"curity must be gives for maintenance and fees. 



PASSED IN TFIE YEAR 1801, 55 



presiding at such Oourt shall cause the Jury, (being first sworn) to proceed and make a (i\'o. 23.) 
true inquest of all such supposed escheated property, both real and personal, which by ^ |* ri 
the Escheator, shall be submitted to their investigation, and a true verdict make there, tain the f^a- 
on ; whereupon the Judge of the court aforesaid, shall certify the same under his hand 
and seal, to the Escheator of said county, who is hereby ordered to record the same in 
a book to be by him kept for that purpose, and shall return the original into the office of 
the Clerk of the said Superior Courts to be their filed, and kept as a record of the said 
Court; and further, on returning the inquest into the office of the Court aforesaid, the 
Clerk shall thereupon cause to be advertised in one of the Public Gazettes of this State, Advert!*^. 
the first week in every month for six months* the particular description of property, both mcnt> 
real and personal, so escheated, the name of the person last seized and possessed, and the 
supposed time of his or her death, together with the part of the world, in which he or she 
was known or supposed to be born, and requiring his or her heirs, or others who may 
claim under him or her, to appear and make claim, and if no person shall appear and 
make right and title to the same within twelve months after the time prescribed for ad- 
vertising the same, the Clerk of the said Court shall issue process to be signed by one 
of the Judges to the Escheator, pronouncing the said property both real and personal, to 
be escheated to and vested in i his State, and directing him forthwith, to sell and convey 
the same, having given six weeks notice of the time and place of sale, in one of the Pub- 
lic Gazettes of this State, and also in two or more public places of the county; and it 
shall be the duty of every such Escheator, to return the proceeds of such sale, after de- 
ducting for his own use, two and a half per cent out of all the monies received and paid 
on account of such sales, as a compensation for his services, and the necessary expenses 
thereunto attendant, into the Treasury of this State. Provided nevertheless, If any per- proviso in 
son or persons, shall appear within twenty-one years, in cases of escheated real estate, \Y°*j of , lien; ® 
but within five, if escheated personal property, and establish his title to such real or per- sons having 
sonal property in the Superior Court, on an issue to be made up and tried, and the same claims. 
being certified by the Judge presiding at the trial of such issue to his Excellency the 
Governor, he shall forthwith give such person or persons a draught on the Treasury, for 
the amount paid therein, in manner aforesaid. 

Sec. 3. JLnd'be it further enacted by the authority aforesaid, That any person or per- 
sons without delay, shall be heard on an issue to be made up in the Superior Court, on £.",'. 

, • , . . Claims to Es 

petition setting forth, his, her or then- right, and the said property, both real and per- cheated pro- 

sonal, shall be committed to him, her or them, if he, she or they shall shew good evi- betried, ' *' 
denee of his, her, or their title, to hold until the right shall be found for the State, or 
the claimant, such claimant finding sufficient security to prosecute his, her or their suit 
with effeet, and without delay, and to render to the State the yearly value of such proper- 
ty, if the right be found for the State -.—Provided, That if any suit for property supposed Pi " ovi 4 
to be escheated, shall be prosecuted by any Escheator, and the Jury before whom such 
trial shall be had, shall think there is no probable cause, the Court before whom the 



to 



* Peweaai property notrequuta u> be hoveru«eu u. ,^n twouv o*v« t>v act oi l«0o, No. 195. 



26 



laws of Georgia; 



(]\o. 23.) same s ] ja n D0 tried, shall award to the party aggrieved, his, her or their reasonable and 
legal costs, to be paid out of any funds, arising under and by virtue of this aet. 



Property 
heretofore 
Escheated. 



Further duty 
of the Eschea- 
tor where 
property is in 
the hands of 
an executor, 
&c. 



Rights of cre- 
ditors not to 
he effected by 
this act. 

Persons dis- 
abled. 



Sec. 4. Jlnd be it further enacted by the authority aforesaid, That any possession, 
grant, conveyance, or any other cause or title, shall not preclude or hinder the State from 
making inquest and sale, after the manner herein before prescribed of all such property 
both real and personal, as has been heretofore escheated (save that which may have been 
escheated, prior to the 4th day of July, one thousand seven hundred and seventy-six) by 
the death of the person last seized, and possessed without will, and without heirs, any law 
or usage to the contrary notwithstanding; and further, wherever any property real or 
personal, of any person dying without will and without heirs, shall be found in the hands 
of an Executor or Administrator, the Escheator shall on behalf of the State, sue for and 
recover the same either at law or in equity, and if real estate, the same when recovered 
shall be sold by notice and advertisement, as herein before directed, and if personal pro- 
perty, the amount of the same when recovered, shall be paid into the public Treasury 
of this State. 

Sec. 5. Jlnd be it further enacted by the authority aforesaid, That nothing herein 
contained \shall prejudice the rights of creditors, or other individuals having claims or 
legal titles, or who shall be under the disabilities of infancy, coverture, duress, lunacy, 
or being beyond the limits of the United States, until three years after such disabilities 
shall be removed. 



Sec. 6. Jlnd be it further enacted by the authority aforesaid, That if any Escheator 

shall fail to do the duty required of him by this aet, or any loss or damage shall accrue 

misconduct to this State, by his misconduct or fraudulent practices, the offender shall be responsible 

or diehpur-' ^ or a ^ sncn * oss or damage J antl the Superior Court of the county, wherein the offender 

chasing- any of resides, shall have power and authority to order a prosecution in the name of the State, 

the escheated . , 

property. and the Jury shall try the fact, and assess the damages and costs, and upon conviction 

such Escheator shall be incapable forever thereafter of holding any place of trust orprofit 
within this State ; and further, that no Escheator shall directly or indirectly, either by 
himself or any person whatsoever, purchase or be concerned with any person or persons, in 
purchasing any escheated property, without being subject and liable to the payment of 
five thousand dollars, to be sued for and recovered in any Court of record, one half for 
the benefit of the informer who shall sue for and recover the same, and the other half to 
the use of the State ; and moreover, that every such offender on conviction, shall be 
forever disabled from holding any office of trust or profit under this State.* 

DAVID MERIWETHER, Speaker of the Rouse of Representatives, - 
JOHN JONES, President of the Senate, pro. tempore. 
Assented to, December 5, 1801. 

JOSIAIi TATTNALL, jun. Governor. 



See act of 1805, No. 195 — Amendatorv of this act. 



PASSED IN THE YEAR 1801. 37. 



AN ACT . (No. 24.).. 

Prescribing the mode of Manumitting Slaves in this State, 

1. JqIe ft enacted by the Senate and House of Representatives, in General 
Assembly met, and by the authority of tlie same, That from and after the passing of this jjjjjjw *g u - 
aet, it shall not be lawful for any person or persons to manumit or set free any negro slave by the Legb 
o ■ slaves, any mulatto, mustizo, or any other person or persons of colour, who may be 
deemed slaves at the time of the passing of this act, in any other manner or form, than by 
an application to the Legislature for that purpose. 

Sec. 2. And be it furtlier enacted, That if any person or persons shall after the 
passing of this act, set free any slave or slaves, in any other manner or form than the Penalty for 
one prescribed herein, he shall forfeit for every such offence two hundred dollars, to be 
recovered by action of debt or indictment, the one half of the said sum to be applied to 
the use of the county in which the offence may have been committed, the other half to 
the use of the informer or informers ; and the said slave or slaves so manumitted and 
set free, contrary to the true meaning and intent of this act, shall be still to all intents and 
purposes, as much in a state of slavery, as before they were manumitted and set free, by 
■the party or parties so offending. 



breach of tiiu* 
act 



Clerk of the 



Sec. 3. And be it further enacted, That it shall not be lawful for the Clerks of the 
Superior Courts, or any other officer of the State, to enter on record in any book of re- Superior 

court not to 
record any 



cord by them kept, any deed of manumission, or other paper which shall have for object 

the manumitting and setting free any slave or slaves, and the party offending herein, shall deedofmanji- 

forfeit for every deed or other paper so recorded, the sum of one hundred dollars, to be Penalty for 

recovered by action of debt or indictment in any Court having cognizance thereof, the 

one half to be paid to the party who shall sue or prosecute for the same, and the other 

half to the use of the county, where the offender may reside 

A 

DAVID MERIWETHER, Speaker of the House of Representatives, 
JOHN JONES, President of the Senate, pro. tempore. 
Assented to, December 5, 1801. 

JOSIAH TATTNALL, jun. Goyerwoe, 



'm act Qsri 2o.y 

For the Inspection of Flour. 

Sec 1 ■ m\ 

JL*E it enacted by the Senate and House of Representatives of the State of F \ RCeade •* 

Georgia, in General Assembly met, and by the authority of the same, That from and after nated for the 

the passing of this act, there shall be an Inspection of Flour, at the several places herein- ?£!*" ° X 

after mentioned, that is to say :— In the City of Savannah, in the City of Augusta, Pe- 



2S 



LAWS OF GEORGIA, 



(No. 25.) tersburg, and at the Mill of Joseph Ray, in the county of Columbia, and at the town 
of Sparta and Montpelier, in Hancock county, and at Leven Wail's Mill in the county 
of Elbert, at Philip Hunter's Mill in the county of Greene, Espy'sMill in the county of 
Jackson, and at Hudson's Mill in the county of Scriven, under such regulations as are 
hereinafter pointed out. 



Inspectors 
appointed by 
the Justices of 
the Inferior 
Court. 

Their oath. 



Sec. 2. And be it enacted by the authority aforesaid, That it shall be the duty of the 
Justices of the Inferior Court, or a majority of them in the several counties wherein 
such Inspection shall be established, at any time to appoint three fit and proper persons, 
as Inspectors for each Inspection, who shall take and subscribe the following oath, before 
one or more of the Justices of the Inferior Court, to wit: « I, A. B. do solemnly swear 
or affirm (as the case may be) that I will duly and faithfully inspect all Flour brought to 
me for that purpose, to the best of my knowledge".- — So help me God. 

Sec. 3. And he it further enacted by the authority aforesaid, That it shall be the 
Inspectors 6 duty of the said Inspectors, or any two of them, to number and mark each barrel of flour 
they shall inspect, and give a certificate for the same, with the quality and number there- 
of, to wit— first, second, or third. 



Their Tecs. 



Sec. 4. And be it further enacted, That the said Inspectors shall be entitled to the 
sum of twenty-five cents, for each barrel so inspected, to be paid by the person or persons 
owning the same. 



Sec. 5. And be it further enacted, That if any person or persons, who shall forge 
for counter- or counterfeit any certificate, as aforesaid, he, she or they so offending, shall be prose* 
feiting certi- eu t e d by indictment, as in o.her cases, for forgery, and suffer such punishments, as is 
pointed out by law in such cases. 



Vacancies 
how filled. 



Sec. 6. And be it further enacted, That when any vacancy or vacancies shall hap- 
pen, by death, resignation or otherwise, in any of the said Inspections, it shall be the 
duty of the Justices of the said Inferior court, or any three of them, to fill such va- 
cancy, and any of them so appointed and qualified, may proceed to the duty assigned them 
by this act. 

DAVID MERIWETHER, Speaker of the House of Representatives* 
JOHN JONES, President of the Senate; pro, tempore. 
Assented to, December 5, 1801. 

JOSIAH TATTNAXJL, jm. Goyebfosu 



PASSED IN THE YEAR 1801. 



29 



AN ACT 
To incorporate a Company, for the improvement of the Navigation of that part of Ogechee 
Miver, between the town of Louisville and Paramour's Bluff. 



Wi 



HERE AS it is conceived that it will very much advance the Agricultural and Com- 
mercial interest of this State, to remove as much as possible all obstructions to the navi- 
gation of the River Ogechee, between the towns of Louisville and Hardwick, and will be 
productive of considerable advantages to trade and industry in general. 

Sec. 1. BE it therefore enacted by the Senate ajid House of Representatives of tlie 
State of Georgia, in General Assembly met, and by the authority of the same, That for the 
purpose of carrying into effect so desirable an object, that John Shellman, David M'Cor- 
mick, Charles Gachet, Michael Shelman, Robert Floumoy, Walter Robinson, Robert 
Reid, Joseph G. Posner, Edwin Mounger, and Stephen Powell, and such other persons 
as shall associate with them, be and they are hereby declared a body corporate, to be 
known by the style and name of the Ogechee Navigation Company, and by that name 
shall be and are hereby made able and capable in law, to have, purchase, receive, pos- 
sess, enjoy and retain to them and their successors, lands, rents, tenements, and heredi- 
taments, goods, chattels and effects of any kind, nature or quality whatsoever ; and the 
same to sell, grant, demise, alien or dispose of, and to sue and be sued, plead and be im- 
pleaded, answer and be answered, defend and be defended in courts or any other place 
whatsoever ; and also to make, have and use a common seal, and the same to break, alter 
and renew at their pleasure. 



(No. 26.) 



Preamble. 



Company 
named and in- 
corporated. 



Style. 



Sec. 2. And be it farther enacted, That the said company, or a majority thereof, 
annually, on the first Monday in January, shall proceed by ballot, to elect a President 
and four managers out of their own body, to continue in office for the term of one year, President and 
and the President and managers so elected as aforesaid, or a majority of them including the be appointed 
President, shall and they are hereby authorized and empowered, to make such re^iila- t0 r" ake T T 

x ,3 emulations for 

tions for the government of the company, as shall appear to them necessary and expedient, the company 

for the purpose of carrying into effect and operation, the true object and intention of the 

institution ; but in case it should at any time happen that the election of a President and 

managers as aforesaid, should not take place at any annual day of election, as aforesaid 

the said corporation shall not for that cause, be dissolved or destroyed, but the President 

shall appoint some other day, and shall give not less than thirty days public notice thereof, 

in one of the Gazettes of this State, and he shall continue in office until such election 

is made. 



Toll alio wed 
the company 



Sec. 5. And be it further enacted, That when the improvements in the navigation, 
as hereinafter pointed out, are made and completed, that any person or persons navigat- 
ing said river, shall pay a toll for the use of the company, not exceeding twelve and a half ^er . clearing 

cents for every hogshead of tobacco — six and a quarter cents for every bale of cotton 

six and a quarter cents for every barrel of flour — and six and a quarter cents for every 



SO LAWS OP GEORGIA, 



(No. 26.) hundred weight of ail other articles except lumher — the rafting of which shall be and 
remain free to all persons whatsoever ; and shall also levy a toll in proportion to the dis- 
tance from any other place on the river Ogechee, between the town of Louisville and 
Paramour's Bluff, as aforesaid ; and if any person or persons passing up or down said 
river, with any boat or other vessel, with goods, produce or other articles on board, shall 
refuse to pay the toll aforesaid, or any other rates the said company may establish not 
exceeding those aforesaid, then and in that case, the said corporation shall by their agent 
or agents duly appointed, have power,, and are hereby authorized to seize and detain -the 
3ame until the established toll as aforesaid shall be paid. 

Sec. 4. And be it further enaetcd, That when the said corporation shall have remov- 
The manner e j[ (\ ie obstructions in the said river, between the town of Louisville and Paramour's 

m which the 

clearing of Bluff, as aforesaid, so that boats passing, up or down, carrying a burthen of thirty hogs- 
be .^certain- h eaos of tobacco, or thirty thousand weight of any other articles when the water is at its 
common height, shall safely pass up and down, and when the river aforesaid shall have 
been so cleared out, and the obstructions as contemplated and required by this act remov- 
ed, a report thereof shall be made by the President and managers, or a majority of them, 
to the Executive Department, who shall appoint fit persons, not less than three in num- 
ber, to examine and report the improvements made on the said river by the said company, 
between the town of Louisville and Paramour's Bluff, as aforesaid; and if the persons so 
nominated and appointed, after due examination, sliall report that the river aforesaid, is 
so improved in its navigation, and the obstructions so removed, that boats of the descrip- 
tion before mentioned, can safely pass from the town of Louisville to Paramour's Bluff, 
aforesaid, then and not before, the said corporation or company shall be empowered to 
levy and receive the rates of toll aforesaid. 

Exclusive Sec. 5. Jlnd be it further enacted, That the said company shall have the exclusive 

Ration vested right 0I * navigating the said river, within the aforesaid district, and shall remain and 

an the com- continue a corporate body or body politic for the term of ten years, and no longer.— 

" Proviso. Provided, That nothing herein contained shall extend, or be construed to extend to effect 

in any manner whatsoever, the funds of this State, or any part thereof in the expenses o£ 

the persons appointed to examine the river as aforesaid, or compensate them for their 

services, 

DAVID MERIWETHER, Speaker of the House of Representatives 
JOHN JONES, President of the Senate, pro tempore. 
Assented to, December B, 1801. 

JOSIAH TATTNALL, jw\ Gotebjo*. 



tja 



PASSED IN THE TEAR 1801, Si 

AN ACT* (No. 27.) 

For the Improvement of the Navigation of the Oconee and Matamaha Mivers, front: 

Montpelier to Darien. 

Sfc. 1. J3 E it enac ted by the Senate and House of Representatives of the State of wholiable ^ 
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, work on said 
That from and after the passing of this act,, all persons liable to work on public roads, 
residing within five miles of the Oconee and Alatamaha rivers, from Montpelier to Darien, 
shall work on the said rivers, for the improvement of the Navigation thereof, five days in 
each year at such time and times as the commissioners hereinafter named shall direct. 

Sec. 2. And be it further enacted by the authority aforesaid, That if any person or p en altv for 

persons so liable to work on the said rivers, shall neglect or refuse to work, after having refusing or 

five days notice for that purpose, and to bring with him or them, such tools as the com- work on said 
tnissioners shall require, shall be liable to be fined in a sum not exceeding one dollar for 

each day so neglecting or refusing, to be recovered before any Justice of the Peace, in Jurisdiction 

the Captain's District, wherein such delinquent shall reside. Provided, such time fke of the^ 

of notice does not happen when persons liable to work on roads, should be called to work Peace 
thereon; and all fines so recovered, shall be applied by the commissioner or commission- 
ers to the use of clearing out the said rivers. 

Sec. 3. And be it further enacted, That the following named persons shall be, and 
they are hereby appointed commissioners of the following Districts or Divisions, that is t Commission- 
say. — John Miles, commissioner from Montpelier to the mouth of Buck Creek — 'appointed'^ 
Francis Boykin, from the mouth of Buck Creek to the White Bluff — Reed Dupre from 
the White Bluff to the mouth of Buffalo — Hugh Lawson from the mouth of Buffalo to the 
mouth of Deep Creek— Elijah Blackshear from the mouth of Deep Creek to the line di- 
viding the counties of Washington and Montgomery — Samuel Harrison from the said 
dividing line to the Rock Spring — Peter Mercer from the Rock Spring to Berryhill's 
Bluff— -James Blanchard from Berryhill's Bluff to Silver Bluff— Thomas Raines from 
Silver Bluff to Stalling's Bluff—George Wyche from Stalling's Bluff to Ford's Shoal— 
Short Long from Ford's Shoal to the junction of the Oconee and Oakmulgce — Asa Tra- 
vis from the said junction to Miligan's Bluff— John Swilley f rom Milligan's Bluff to the 
mouth of Ohoopie — Shadrach Stanley from the mouth of Ohoopie to Beard's Bluff- 
Thomas Liles from Beard's Bluff to the lower end of Oswell's Cut— Richard Bryant from 
the lower end of Oswell's Cut to the mouth of Phinholloway — John Johnston from the 
mouth of Phinholloway to Darien. 

Sec. 4. And be it further enacted, That the said commissioners be and they are here- er* may ap- ' 
by vested with full power and authority to appoint overseers for their respective districts, JjJJ-J ^ r " 



their duty. 



* This act repealed by act of 1802, No, 65, Section Till. 



S3 



LAWS OF GEORGIA, 



(No. 27.) whose duty it shall be to warn in, direct, and overlook the hands liable to work on said 
rivers, agreeably to the true intent and meaning of this act. 

DAVID MERIWETHER, Speaker of the House of Representatives* 
JOHN JONES, President of the Senate, pro-tempore* 
Assented to, December 5, 1801. 

JO SI AH TATTNALL, jun. Governor. 



(No. 28.) 



Mayor and 
Aldermen of 
Savannah an- 
thorized to 
have the 
Wharf Lot* 
surveyed in 
said city. 



AN ACT* 
To prevent Encroachments on the River Savannah, and to remove such as now exist m 
the said River, or elsewhere, within the Jurisdiction and limits of the City of Savannah, 

Sec 1 1-^ 

JLB E it enacted by tlie Senate and House of Representatives of the State of 

Georgia, in General Assembly met, and by the authority of the same, That the Mayor 

and Aldermen of the City of Savannah, for the time being, be and they are hereby vested 

with full power and authority, and are hereby required, to cause an accurate survey of 

the Wharf Lots in the said City of Savannah, to be made, and to ascertain the true line 

oflow water mark, and to mark out the same by stakes or otherwise; which said line 

when so ascertained and marked out, shall be the ultimate limits of the said Wharf Lots 

on the river. 



Encroach- 
ments on the 
low water 
mark to be 
removed. 



Sec. 2. And be it further enacted by the authority aforesaid, That if it shall appear 
after the said line of low water mark shall be run out and ascertained as aforesaid, that 
any of the heads built on the said Wharf Lots, or any platforms or buildings or other 
improvements whatever, shall extend beyond the said line, the same shall be deemed and 
considered encroachments on the said river, and the owner or owners thereof, or their 
agent or attorney, or the executor or administrator of such owner or owners, shall with- 
in three months after the same shall be ascertained and marked as aforesaid, and notice 
thereof given in one or more of the Gazettes of the said City of Savannah, by the Mayor 
and Aldermen thereof, remove or cause to be removed, the part or parts of the said wharf- 
head, platform or building or other improvement of any kind back to the said line. 



Sec. 3. And be it further enacted by the authority aforesaid, That if any owner or 
Penalty in owners of the said Wharf Lots, or their agent or attorney, or the executor or administra- 

C3.sc cnc v Oticri 

ments are not tor of such owner or owners, shall neglect or refuse to remove, or cause to be removed 

^eeaWyto * ne sam ^ encroachments within the said term of three months, he or they, so neglecting 

the above or refusing, shall forfeit and pay for every foot such encroachments shall extend beyond 

the said line oflow water mark, five hundred dollars, to be recovered by action of debt 

or indictment, in any court having cognizance thereof, at the instance of the said Mayor 

* See act oi 1802, No. 68 — Amendatory of this act, and act of 1803, No. 116, also amendatory, so far ~s reiatea 
to adding other commissioners, and act of 1809, No. 453, repealing thi« and all others imposing fines prior tt> 
that act, and inflicting other penalties. 



PASSED IN THE YEAJi 1801. ft 



and Aldermen for the time being, and applied to the use of the said City :— And moreo- (No, 23.) 
vcr, it shall and may he lawful for the said Mayor and Aldermen for the time being, and 

they are hereby authorized and required, to cause the said encroachments to be removed? May be re. 

and the costs and expense thereof to be levied by stress and sale of the estate, both real and ™°^ ed bv 
personal, of such owner or owners, notwithstanding the forfeiture hereinbefore expressed, 

Sec. 4. And be it further enacted, That it shall be unlawful for the owner or owners, 
of any Wharf-Lot in the said City of Savannah, their agent or attorney, executor or ad- erectly *' 
ministrator, to bntiA a Wharf-Head Platform, or any other improvement whatever, J^^g 
which shall extend beyond the said line of low water mark; and the same shall be consid- the low water 
ered as encroachments on the said River Savannah ■; and any person or persons offending 
herein shall forfeit and pay for every foot which such encroachments shall extend beyond 
the said line, Five Hundred Dollars, to be recovered by action of debt or indictment, in 
any Court having cognizance thereof at the instance of the said Mayor and Aldermen or doiag. 
other person who shall sue and prosecute for the same, to be applied to the use of the said 
City of Savannah, if sued or prosecuted by the said Mayor and Aldermen, and if any o- 
ther person, one half to be paid to such person and the other half to the use of the City. 
And it shall moreover be the duly of the said Mayor and Aldermen for the time being, and How to be re, 
they are hereby authorized and required to cause the said encroachments to be removed 
and the costs and expense thereof to be levied, by distress and sale of the estate, both real 
and personal of the owner or owners thereof, notwithstanding the forfeiture herein be* 
fore expressed. 



covered, 



Sec. 5. tired be it further enacted, That the said Mayor and Aldermen for the time 

,.,, '• '"'\-i- ji in r ^° remove alj 

being, be and they are hereby authorized and required to cause to be removed all en- encroach- 

eroachments of any kind or description whatever, which now are, or may hereafter be ^"strclTor 
placed on any square, street or lane in the said City of Savannah, and to levy the costs ^e in, the 
and expense thereof by distress and sale, out of the estate both real and personal, of any 
person or persons who may have made such encroachments or the owner or owners there- 
of; unless the owner or owners of such encroachments, their agent or attorney, Exeeu* 
tors or Administrators, do and shall remove the same, witliifi three months after having 
been notified thereof by the said Mayor and Aldermen. 

DAYID MERIWETHER, Speaker of the Mouse of Jlepresmlalhm, 

JOHN JONES, President of the Senate pro-tempore. 

Assented to, December 5, 1801. 

JOSIAH TATTNALL, jun, Goyesnob, 

E 



LAWS OP GEORGIA, 



(No. 29.) 



AN ACT 



To Divide Montgomery County, 



Montgomery 
divided and 
Tattnall laid 
off &. defined. 



©fiieetfa in the 

new county to 
keep their 
offices. , 



Sue. 1. 



E if enacted by the Senate and House of Representatives of the State of 
Georgia, in General Assembly met, and hy the authority of the same, That from and im- 
mediately after the passing of this act, Montgomery County shall be divided, as herein- 
after shall he pointed out, (that is to say) beginning at the mouth of Limestone Creek, 
on the Oconee River, and from thenee a direct eourse to the mouth of Wolf Creek on 
Great Canouchee, from thenee down Canouchee to the mouth of Cedar Creek, from thence 
keeping the late established line between Liberty County and Montgomery to the mouth of 
Beard's Creek on the Alatamaha River, and from thence up the middle of the Alatama- 
ha and Oconee Rivers to the beginning, which tract or parcel of land so bounded and 
described, shall forma new County, to be called and known by the name of Tattx xll. 

Sec. 2. And he it further enacted hy the authority aforesaid, That all Justices and 
other officers that may be residing Avithin the aforesaid new County, shall continue in of- 
fice, and that the Courts and other public business, shall be held and transacted in a house 
said to have been built by Zachariah Cox at or near the Saw Mills on the Ohoopie, until 
otherwise altered by law* 



Expense of 
yuaning the 
line, how de- 
frayed. 

JIo monies to 
be drawn to 
build a court 
house and jail 
in cither 
©ounty. 

To what Bri- 
gade and divi- 
sion Tattnall 
«ball belong. 



Sec. S. And he it further enacted, That the line designated as aforesaid, shall be rna 
at the joint expense of both Counties, viz. the Counties of Montgomery and Tattnall. 

Sec. 4. And he it further enacted, That no monies shall be drawn from the Treasury 
for the purpose of erecting a Court-House and Jail in either of the said Counties, any law 
to the contrary notwithstanding. 

Sec. B. And he it further enacted, That the eaid County of Tattnall, shall be ana m 
hereby dcelared to belong to the Second Brigade of the First Division. 

DAVID MERIWETHER, Speaker of the House of Representatives, 
JOHN JONES, President of the Senate, pro, tempore. 
Assented to, December 5, 1801. 



JOSIAH TATTNALL, jim, Govekxoe. 



PASSED IN THE YEAR 1801, s§ 



'fr iV^it^' 1 ' ,■»■■- ■»" f 



AN ACT (No. 30.) 

1Co Divide the County of Jaekson. 

Sec. 1. Jg E ft mac j e( j ^ t1l€ s em t e and House of Representatives of the State of 
Georgia, in General Assembly met, and by the authority of the same, That all that part of £^™^ 
the County of Jackson, lying and being within the following limits, shall form one other Clarke laid off 
County, and shall be called and known by the name of Clarke, (that is to say) 1 he hne 
dividing the said county of Clarke, from the county of Jackson, shall begin on the Appa- 
lackce Rirer, at the mouth of Marbury's Creek, thence a direct line to Richard Easley's 
Mill, on the middle fork of the Oconee River, from thence a direct line to where the 
Oglethorpe Line crosses the north fork of Brush Creek, thence down the Oglethorpe Line 
to the Oconee river, thence along the Greene line to the Appalachee River, thence up 
the said River to the beginning. 

Sec. 2. And he it further enacted, by tlte authority aforesaid, That William Hopkins, . „ 

William Strong, Daniel Bankston. John Hart, and John Cobb, shall be and they are here- er« appointed 

by appointed Commissioners, and they or a majority of them, are vested Avith full power fi citefo" the 

and authority to fix on the most convenient and central place within the said County, at P ubl ! c build- 

y x T. ing"9 in said 

which the Courts and Elections shall be held, as soon as suitable Buildings are erected county of 
thereat, and the said Commissioners, or a majority of them, are hereby authorized and em- 
powered, to contract with fit and proper persons, for the purpose of building a Court- 
House and Jail in the County aforesaid, which after at least thirty days notice, shall be let 
to the lowest bidder. Provided, that until the Court-House shall be erected, the Courts 
and Elections for the said County, shall be held at the house of Isaac Hill, 

Sec. 3. And be it further enacted, by the authority aforesaid, That the Justiees of inferior court 
the Inferior Court of the said County, are hereby authorized and empowered to levy a to erected 
tax not exceeding one sixth of their General Tax, on the inhabitants and taxable property ?^ ic buildl - 
within the same, for the purpose of erecting a Court-House and Jail as aforesaid, which 
shall be done in such manner as in the judgment of the court shall be least burthensome 
to the inhabitants. 

Sec. *. And be it further enacted, by tlie authority aforesaid, That Bedford Brown* Surveyor ap. 
shall be and he is hereby appointed to run the line of the said County, and that the char- ^ZthlZc 
ges thereof shall be paid by the Inferior Court of the County, to be levied as in this act of »«<* county 
U directed. 

Sec &. And be it further enacted, That Presley Scurlock, Benjamin Easlft William commit**) 
Dial, Samuel Brazil, and Procer Horton,* be and they are hereby appointed Commissi £fi*S te - 



* Ses act oi 1802, No, H—Making the Justices of the Inferior Court Qommmionerf for the above purpose-; 



36 LAWS OF GEORGIA, 



(No. 30.) oners for fixing on the place at which the Court-House and Jail shall be built in the County 
_, of Jackson, which said Commissioners or a majority, of them, are hereby authorized 

■the .site oi the J 

public build- and empowered, to contract with fit and proper persons, for the purpose of building a 
"' n ? " Court-House and Jail in the aforesaid county, which after at least thirty days notice, 

shall be let to the lowest bidder.— Provided, That until the -Court-House and Jail are 
erected, the Courts and Elections shall be held at the house of Thomas Kirkpatrick. 

Academies of Sec. 6. JLnd he it further enacted, That the two several Academies of Jackson and 
h ° MdTd* Clarke counties, shall be consolidated into one Academy, and that the now court-house 
of Jackson, shall be and the same is hereby vested in the commissioners of the aforesaid 
counties of Jackson and Clark, which now are, or hereafter may be appointed commis- 
sioners of the Academies of the aforesaid counties. 

is'o money to g ECi> y # £ m i be it further enacted, That no monies shall be drawn out of the 

lie drawn out ■< -- . ■ . 

®f the treasu- Treasury, for the purpose of erecting a Court-IIouse and Jail m either of the said coun- 

eithercomt ties; an y kw t° the contrary notwithstanding. 

kouse. 

To what Bii- Sec. 8. And, he it further enacted, That the said county of Clarke, shall be and the 
sade and di- j s declared to belong to the Third Brigade of the Third Division of the Militia. 

vision Clark ° ° 

county shall of this- State. 

belong. 

DAYID MERIWETHER, Speaker of the House of Ileprmntatives, 
JOHN JONES, President of the Senate, prQ-ienypore*. 
Assented to December 5 5 isoi. 

JOSIAH TATTNAX&, jun. Governor. 



PASSED IN THE YEAR ifiei; 3? 



AN ACT (No. 31,} 

To alter t/t« tft^S of Me metling of the Superior Courts of this State, and to repeal and 
amend certain parts of the Act, entitled, ^ An Act to amend an Act, entitled an Act to- 
revise and amend the Judiciary System of this State" 



SjiC - *• JjE it enacted by the Senate and House of Eepresentathys of the State ti ^ onLid C 
ofi Georgia, in General Assembly met, and by the authority of the same, That the ing, QliatBaip 

* court 

Superior court appointed to be held in the county of Chatham, in December instant, shall 
be and the same is hereby continued over until the second Monday in January thereafter^ 
to Which all manner of suits or actions, and all writs or processes, >s well as all jurors 
and witnesses, and all manner of business of any kind or description whatever, shall stand 
continued, and be acted upon in the same manner as they would have been if no suck 
continuance had taken place* 

Sec. 2. And be it further enacted by the authority aforesaid, That from and after the end 
of the said term of the said Superior court, to commence and be held in the said county hehTftyic^a 
of Chatham, on the second Monday in January next as aforesaid, the Superior Courts year in each, 

1 county, 

shall be held in the respective counties, in the Eastern, Middle and Western Districts of 
this State., twke in every year, at the several times hereinafter mentioned, to wit; 

spring circuit: 
eastern district. 

The times for 

ON the first Monday in March, in the county of Camden; the Monday thereafter ^Jf^ 6 

in the county of Glynn ; the Monday thereafter in the county of M'Intosh j the Monday Eastern oir~ 

thereafter in the county of Liberty ; the Monday thereafter in the county of Bryan ; ° U spring 

the Monday thereafter in the county of Bulloch ; the Monday thereafter in the county chcuit 
Effingham j and the Monday thereafter in the county of Chatham, 



FALL CIRCUIT. 

EASTERN DISTRICT., 



GN the second Monday in August in the county of Camden ; the Monday thereafter 
in the county of Glynn,- the Monday thereafter in the county of M'Iniosh,- the Monday 
thereafter in the county of Liberty,- the Monday thereafter in the county of Bryan,- the 
Monday thereafter in the county of Bulloch ,- the Monday thereafter in the county of 
Effingham; and the Monday thereafter in the county of Chatham.* 



Fail circuit. 



* See act of 1803, No. 86- Altering the tune of holding- the fall , 



38 LAWS OF GEORGIA, 



In the We6- 
tern ckouit 



(No- SI) CUDDLE CIRCUIT. 

ON the fourth Monday in February and August in the county of Columbia ; the Monday 
thereafter in the county of Warren ; the Monday thereafter in the county of Jefferson ; 
la middle cir- the Monday thereafter in the county of Burke ; the Monday thereafter in the county of 
Scriren ; the Monday thereafter in the county of Washington ; the Monday thereafter 
in the county of Montgomery ; the Monday thereafter in the county of Tattnall ; and 
the Monday thereafter in the county of Riehmond.f 

WESTERN CIRCUIT. 

ON the third Monday in February and August in Haneoek ; on the first Monday i« 
March and September in Greene ; the third Monday in March and September in Ogle- 
thorpe ; on the fourth Monday in March and September in Clarke ,• the first Monday in 
April and October in Jackson -,\ the second Monday in April and October in Franklin; the 
third Monday in April and October in Elbert; the fourth Monday in April and October in 
Lincoln; aud the irst Monday in May and November in Wilkes,§ 

INFERIOR COURTS. 

ON the Fourth Monday in January and June in Clarke, on the first Monday in Febru- 
courts in the ar J an( * July ln Jackson, on the second Monday in February and July in Franklin, on 
Western dis- ^ e tft i r( j Monday in February and July in Elbert, on the fourth Monday in February and 
July in Lincoln, and on the first Monday in March and August in Wilkes. 

Sec. S. And be it furtlier enacted by the authority aforesaid, That the sixteenth 
Parts of the action of the aforesaid act, entitled, " An act to amend an act, entitled an act to revise 
Judiciary re- and amend the Judiciary system of this State,'* be and the same is hereby repealed; as 
also, so much of the fifty-ninth section thereof as requires the attendance of the Judges 
of the Superior courts at the seat of government annually, for determining on such points 
as may be reserved for argument, and which may require an uniform dicision, be and 
the same is hereby repealed. 

Cases refer- Sec. 4. Jlnd be it further enacted, That all points reserved for argument, and now 
sfon f °b d< t*e wa i tin S a decision at the seat of government, be and the same are hereby directed to be 
judges, re- sen t back to the respective counties from whence they have been sent, and there deeided 

manded to the 

county from by the presiding Judge. 

whence they 
came. 

f And see act of 1809, No. 479 — Altering the times of holding in this circuit, 

t See act of 1806, No. 239 — Altering the courts in Oglethorpe, Clark and Jackson. 

$ See act of 1809, No. 479, 2«1 section— Altering Wilke» court to the first Monday in June and December. 



PASSED IN THE YEAR 1801, 39 



vSec. 5. And be it furtlier enacted by tlus authority aforesaid, That in all cases (No. Si.) 
broueht in the said Superior courts, or either of them, where either of the Judges where Jud* 

. . i ,. i .. i > *.i i»*i. esoftheSupe 

thereof shall be a part y, or interested therein, it shall be the duty of three or more oi tne rior courts ar< 
Justices of the Inferior court to preside at the trial of the same. j^SS £ 

preside. 
Sec. 6. «l«d fce it further enacted, That all manner of suits or actions, and all writs 
or process, as well as jurors and witnesses, and all manner of business of every kind CaseS ta 
or description whatsoever, now depending in any of the courts aforesaid, shall stand over stand 0¥CV - 
and be acted upon at the several periods herein pointed out for holding said courts, in 
like manner as if no alterations had taken place as to the time of holding the said courts. 

DAVID MERIWETHER, Speaker of the House of Representatives* 
JOHN JONES, President of the Senate, pro-tmpore* 

Assented to, December 5, 1801. 

JOSIAH TATTNALL, jim. Governor. 



AN ACT £ No# 32 ^ 

More effectually to provide for the payment of Sheriffs, Jailors and Coroner's fees, which 
may be now due, or which may hereafter become due ; and for vesting power in the 
Inferior courts of this State, for the purpose of carrying tlus JLct into full effect. 



^ E it enacted by the Senate and House of Representatives of the State of 
Georgia, in General Assembly met, That from and after the passing of this act, the justices Justices ©f 
©f the inferior courts are hereby required to levy annually, a county tax, equal to all courtshaiTl*. 
fees which are due or may become due to the respective sheriffs, jailors and coroners, Y a -«- xt0 - p 'Y 
within the several counties in this State, from the insolvency of prisoners, or for the ers and coro- 
maintenance of criminals, or in the case of coroners, for the payment of all fees, which 
have or may become due such coroners for holding inquests on the bodies of persons 
found dead, and whose estate shall prove insufficient to discharge the legal fees :■ — 
Provided, That all fees for holding inquests on the body of slaves, shall be paid by the 
owner of such slave or slaves ; and it shall be the duty of the collector of the general c ^neJsfats 
tax, to collect and pay into the hands of the clerks of such oourts, the amount of taxes ob negroes, 
»© assessed and collected, by order of the justices aforesaid ; which said amount shall be 



40 LAWS OF GEORGIA 



;l-r 



(No, 32.) applied to the payment of such fees as may or have become due to such sheriffs, jailors 
and coroners, as aforesaid ; and the collector shall be allowed the same commissions and 
fees for such collection as is allowed by law for the collection of the general tax, and 
shall be liable to the same fines and forfeitures for any default, neglect or improper con- 
duct, which said fines and forfeiture* may foe imposed by the justices of the inferior 
courts at their discretion. 

Sec. 2. And be it furtlicr enacted by flie authority aforesaid, That an act passed the 
twenty-second day of February, 1796, entitled, « An Act to vest further power in the 
inferior courts of this State," respecting the fees of sheriffs and jailors, and all other 
acts militating with this law, be and they are hereby repealed. 



DATID MERIWETHER, Speaker of Hie House of Representatives* 
JOHN" JONES, President of the Senate, pro* tempore. 
Assented to, December 5, 1801. 

JOSIAH TATTNALL, jun* Governor 



(No. 33.) AN ACT 

To Appropriate Monies for the 1'car 1302. 



Sec. 1. j£g E # enacted by the Senate and House of Representatives of the State 

of Georgia, in General Assembly met, and by the authority thereof, That the salary of the 

Appi'opria- 

ions for ti; e Governor shall be two thousand dollars per annum : the Secretaries of the Governor, not 
ear 802. exceeding two, five hundred dollars each per annum,' the Secretary of State two 
hundred dollars per annum ; the Surveyor General two hundred dollars per 
annum; the Judges of the superior courts ea,ch, fourteen hundred dollars per 
annum; the Treasurer twelve hundred dollars per annum: the Attorney and two Solicit- 
ors General, each one hundred and fifty dollars per annum ; the Secretary of Senate, 
three hundred dollars per annum ; the Clerk of the House of Representatives, three 
hundred dollars per annum; to the Comptroller General, six hundred dollars per annum; 
which said several sums shall be, and they are hereby appropriated for their use, to be 
paid Quarterly, by warrant from the Governor on the Treasurer, out of the taxes to be 
received for the years 1S01 and 1802 ; and the sum of fifteen thousand dollars as a con- 
tingent fund, subject to the draughts of the Governor. 



PASSED EST THE YEAR 1801. 41 



Sec. 2. And be it further enacted, That the President of the Senate, and the Spea- (No. 33.) 

ker of the House of Representatives, shall have eaeh four dollars per day; and the other tions P to°E£ 

members of both branches of the Legislature, at and after the rate of three dollars per day of sundry per* 

° * sons. 

each, for their coming to, attendance on, and returning from the same ; the Secretary 

of the Senate and the Clerk of the House of Representatives four dollars per day ; two 
Engrossing Clerks of the House of Representatives, four dollars per day; the Engross- 
ing Clerks of the Senate, four dollars per day ,• the Messengers and Door Keepers of both 
branches of the General Assembly, three dollars per day ; the Clerk of the House of 
Representatives and Secretary of the Senate, the sum of sixty -five dollars each for station- 
ary, fire- wood and other contingent expenses, incurred during the present session ; to 
John Hammill, clerk to the committee on the State of the Republic, the sum of twelve 
dollars ; to E. B. Jenkins, clerk to the committee on Finance, the sum of forty dollars ; 
to Seaborn Jones, the sum of six hundred and twenty-three dollars eighty-seren and a 
half cents; the sum of five thousand dollars, subject to the order of the Governor, for of the digest 
printing two thousand copies of Marbury and Crawford's Digest of the Laws of Georgia, 
which has been compiled and approved, agreeably to the direction of the act of the sixth, 
of December, 1799 ; one thousand copies of which to be sold under the direction of the 
Executive, and the proceeds paid into the public treasury ; the sum of four hundred and 
twenty-eight dollars, be and the same is hereby appropriated for the use of the county of 
Bulloch, to build a court-house and jail for said county ,• to Mrs. Thomison Gordon, 
the sum of four hundred and sixty-five dollars sixty-four and three quarter cents, it being 
the amount of a gratuity due from this State, to Colonel John White, an officer in the 
Georgia line ; the sum of four hundred and sixty-five dollars sixty -four and three quarter 
«ents, to Abraham P. Jones, in full for a gratuity due him as an officer in the Georgia 
line, agreeably to a joint resolution; to John Berrien, Esq. the sum of four hundred 
and sixty-five dollars sixty-four and three quarter cents, for his gratuity as an officer in 
the Georgia line ; to the Adjutant General, the sum of three dollars per day, while in 
actual service ; to Jacob Theiss, jailor of Chatham county, the sum of nineteen dollars ; 
to Archibald Bcall, the sum of thirty dollars, for the maintenance of two old and infirm 
negroes, the property of this State ; the further sum of fifty dollars to Richard Wea- 
therford, an invalid soldier; the sum of fifty dollars to Mrs. A. Jones, widow, and relict 
of James Jones, an invalid soldier, deceased, as a temporary support for herself and 
children; to Alexander M'Millan, one thousand and ninety dollars, it being a balance 
due him for printing in the year 1799, as reported by the committee on finance ; which 
said several sums shall be paid to the several persons herein named, out of any monies 
which now are, or may be paid into the treasury ; the sum of five hundred dollars to be 
paid out of the contingent fund, for the payment of house-rent, &e. for the use of the 
Executive. 

DAVID MERIWETHER, Speaker of Hie House of Representatives* 

JOHN JONES, President of the Senate pro, tempore, 
Assented to, December 5, 1801. 

JOSIAH TATTNALL, jun. Gotjuotob. 

F 



LAWS OF GEORGIA* 



(No. 3*.) AN ACT . 

To raise a Tax for the support of Government for the year one thousand eight hundred 

and two.* 
Tax on Lands, ~H$~% 

_DE if enacted by the Senate and House of Representatives of the State of 
Georgia, in General Assembly met, and by the authority thereof, That a tax shall be levied 
and collected on all lands within this State, granted to, or surveyed for any person or per- 
sons, in the following mode, to wit: — 

Snd-* 10 ^ n eac * 1 an( * every acre of all tide swamp, (cultivated or uncultivated,) includ- 

ing' islands of the first quality, at three cents and seven mills per acre ; of the second 
quality at two cents and three mills per acre ; and of the third quality at seven mills 
per acre. 

On all pine lands adjoining such tide swamp, or contiguous thereto, or within three miles 
©f water carriage, at six mills per acre. 

On all prime or inland swamp, (cultivated or uncultivated) of the first quality, at two 
cents and six mills per acre ; of the second quality, at one cent and four mills per acre; 
and of tho third quality, at six mills per acre. 

On all pine lands adjoining or contiguous thereto, at one mill and an half per acre; on 
all salt marsh, one and a half mills per acre. 

On all high river swamp or low grounds, (cultivated or uncultivated) including islands, 
including such as are called second low grounds, lying above Abercorn creek, and as 
high as the mouth of M'Bean's creek, on Savannah river, of the first quality, at one 
cent and nine mills per acre; of the second quality, at one cent and two mills per acre ; and 
of the third quality at six mills per acre. 

On all high river swamp, as aforesaid, lying above M'Bean's creek, and as high as 
the mouth of Rae's creek, of the first quality, at two cents and nine mills per acre; of the 
second quality, at one cent and nine mills per acre ; and of the third quality, at eight and 
an half mills per acre. 

On all high river swamp, as aforesaid, lying from the mouth of Rae's creek, to the 
mouth of Broad river, on Savannah river, of the first quality, at one cent and five mills 
per acre ; of the second quality, at eight and an half mills per acre ; and of the third 
quality, at two and an half mills per acre. 



* This act revived and continued by aet of 1802, No. 67— with the exceptions fhersip contained, and amend- 
ments— then revived and continued by act of 1803, No. 127, with amendments. 



PASSED IN THE YE All 1301, 



On all oak and hickory lands, (cultivated or uncultivated) including islands from the (No. 34.) 
mouth of Rae's creek to the mouth of Broad river, and within one mile of Savannah 
river, of the first quality, at six mills per acre ; of the second quality, at two and aa 
half mills per acre ; and of the third quality, at one and an half mills per acre. 

On all oak and hickory lands, including islands, (cultivated or uncultivated) from the 
mouth of Broad river, up the Savannah river, and Avithin one mile of the same, and up 
Tueolo river, to the marked line on said stream, of the first quality, at four and one 
quarter mills per acre ,• of the second quality, at two and an half mills per acre ; and 
of the third quality, at one mill per acre. 

On all oak and hickory lands, including islands, (cultivated or uncultivated) from the 
mouth of Broad river, to the marked line on the head thereof, of the first quality, at 
four and one quarter mills per acre ; of the second quality, at two and an half mills per 
acre j and of the third quality, at one mill per acre. 

On all high river swamp or low grounds, including islands, (cultivated or uncultivated) 
from Fort Argyle to the mouth of Buck-Head creek on Ogechee river, of the first quality, 
at seven and a quarter mills per acre; of the second quality, at four and one quarter 
mills per acre ; and of the third quality, at one and an half mills per acre. 

On all oak and hickory lands, as aforesaid, from the mouth of Buck-Head creek to the 
head of Ogechee river, of the first quality, at six mills per acre; of the second quality 
at two and an half mills per acre ; and of the third quality, at one and an half mills 
per acre. 

On all high river swamp, or low grounds, including islands (cultivated or uncultivated) 
from the mouth of Buck-Head creek, to the head of Ogechee river, of the first quality, 
at six mills per acre ; of the second quality, at two and an half mills per acre ; and 
of the third quality, at one and an half mills per acre. 

On all high river swamp (cultivated or uncultivated) including islands from Cat-Head 
on the river Alatamaha to the mouth of Oconee river, of the first quality, at eight and 
an half mills per acre ; of the second quality, at four and one quarter mills per acre; 
and of the third quality, at one and a half mills per acre. 

On all high river swamp or low grounds as aforesaid, from the mouth of Oconee river, 
along the northern stream, on the north side of the Indian temporary line, to the con- 
fluence of the Oconee and Apalachee, or South Fork, of the first quality, at one cent and 
two mills per acre ; of the second quality, at six mills per acre ; and of the third 
quality, at one and an half mills per acre. 



LAWS OF GEORGIA, 



(No. 3.i.) On all river swamp, as aforesaid, from the confluence of the Oconee and Appalaohee 
rivers, upwards, on the north side of the Indian temporary line, of the first quality, at 
seven and an half mills per acre ; of the second quality, at five mills per acre j and of 
the third quality, at two and an half mills per acre. 

On all oak and hickory lands throughout this State, of the first quality, at four and a 
quarter mills per acre ; of the second quality, at two and a quarter mills per acre \ and 
of the third quality, at one and a quarter mill's per acre. 

On all oak and hickory lands, including islands (cultivated or uncultivated) above the 
flowing of the tide, on all rivers from Cat-Head on the river Alatamaha, to the river St. 
Mary's, inclusive, to the marked line aforesaid, of the first quality, at two and an half 
mills per acre : of the second quality, at one and an half mills per acre ; and of the third 
quality, at three quarters of a mill per acre. 

On all lands on the Sea Islands, or lying contiguous to the sea-shore, usually cultivated 
©r capable of cultivation, in corn, indigo, or cotton, of the first quality, at one cent and 
five mills per acre ; of the second quality, at eight and an half mills per acre ; and of the 
third quality, at four mills per acre. 

On all other pine lands throughout the state, at three quarters of a mill per acre. 

Sec. 2. JLiul be it further enacted, That the sum of thirty-one and a quarter cents 
shall be levied on all free male white persons, of the age of twenty-one years and upwards 
•titer taxes., m iu * s State 5 and the sum of thirty-one and a quarter cents on all negroes and other 
slaves under sixty years, within the limits of the same ; and the sum of thirty-one 
and a quarter cents on every hundred dollars value of every lot, wharf, or other lands 
not herein already enumerated, and all other buildings within the limits of any town, 
village, or burrough within the same ; the sum of thirty-one and a quarter cents upon 
all male free negroes, mulattoes and mustizoes, from the age of twenty-one years and 
upwards, over and above the taxable property they may be possessed of; and the sum 
of thirty one and a quarter cents shall be levied on every hundred dollars value of all 
persons' stock in trade, shop-keepers and others, to he computed at prime costs, and the 
return to be made on oath, that the stock in trade so returned, is the highest estimation 
©f the stock in such persons possession, at any time not exceeding three months preceed- 
ing the time appointed by this law for such stock in trade to be estimated and returned ; 
the sum of one dollar on all four wheeled carriages (waggons excepted) and the sum of 
fifty cents on all two wheeled carriages, (carts and drays excepted) the sum of four 
dollars on all practitioners of law or physic ; and the sum of fifty dollars on all billiard 
tables ,• and the sum of one thousand dollars on E, O, tables, or other instruments of 
the like construction, for the purpose of gambling; and whenever it shall so happen that 
the person or persons owning or holding such table in possession, refuse legally to return 



PASSED IN THE YEAH 1801. 



such table or tables, or after returning the same, shall neglect or refuse to pay (No. 34.) 
the tax thereon, when thereunto required, it shall be, and is hereby made the duty of 
the collector of tax, to levy on said table or tables, or instrument, and expose the same 
to public sale, after giving such notice as is required for the sale of personal property ; 
and should the said table or tables after being set up for sale, not sell for the full tax due 
on the said table or tables, that then all the property of the owner or owners shall be 
liable for the taxes aforesaid ; and further, the person or persons owning such table or 
tables, is hereby made liable to return and pay the like tax in every county in this State, 
wherever lie, she or they may carry the same. That the tax on E, O, and billiard tables 
may be levied and collected at any time after the passing of this act, wherever such 
tables may be found ; but if the tables should be secured so that they cannot be come at, 
then the collector shall levy on any other property belonging to the said owner or owners, 
and every tax collector is hereby required to proceed immediately against persons keep- 
ing such tables, as is directed in cases of non-payment of taxes on other property. The 
sum of four dollars on all factors and brokers ; and on all wares, liquors, and mer- 
chandize sold, bargained or trafficked for by such factors and brokers, the sum of 
eighteen and three quarter cents on every hundred dollars by them sold or dis- 
posed of, to be given in upon oath ; and the sum of fifty cents on every hundred 
dollars of the funded stock of the United States, to be given in by the holders 
thereof in like manner as stock in trade. Provided nevertheless, That in all cases 
of extreme indigence or infirmity, the inferior court of each county shall be, and 
they are hereby authorized, to remit the poll tax upon such indigent or infirm person 
claiming the same. 

Sec. 3. And be it further enacted. That the following sums shall be paid on all Tax on sultsj 

■ „ and the dut y 

suits hereafter commenced in the superior, inferior or mayor's courts, where tne debt or of the cierks> 

damages sued for, shall not exceed one hundred dollars, the sum of fifty cents ,• above 
one hundred and not exceeding three hundred, one dollar ; above three hundred, and 
not exceeding five hundred dollars, one dollar and fifty cents,- and on all sums above five 
hundred dollars,* two dollars, to be paid to the clerk by the plaintiff, before the suit or 
process issues, for the use of the State ; which sum shall be taxed in the bill of costs : — 
And the clerks of the respective courts of all the counties in this State, are hereby re- 
quired to make annual returns to the Comptroller on oath, on or before the first day of 
January in every year, of the number of suits commenced, and the sums received threon ; 
and shall at the same time remit to the treasurer the amouut of such return, deducting 
five per centum ; and any clerk failing to make such returns, and pay or remit the monies as ne H e ^t ©f ttaa 
aforesaid, shall on complaint made by the Treasurer, to the judge or justices of their re- act 
spective courts, be liable to a writ of attachment for contempt, and fined at the discretion of 
the court, and continuing in default, be dismissed from office, and suffer execution from 
the Treasurer, in like manner as tax collectors. 






See act of 1802,. No. 67.— Where no tuits are taxed uijjess the debt or damages sued for exceed 500 dollars-. 



46 



LAWS OF GEORGIA, 



(No. 34.) 

Who to ap- 
point the re- 
ceivers and 
collectors. 



Sheriffs to 
give posses- 
sion of proper- 
ty sold by 
them belong- 
ing to default- 
ing collectors. 



Receiver to 
make his re- 
turns to the 
Comptroller. 



Sec. 4. And be it further enacted, That on the first Monday in January annually, 
the justices of the inferior courts and the justices of the peace of the respective counties 
of this State, shall he and they are herehy authorized and required to elect the receiver 
or receivers of tax returns (as the case may be) for the time being, and collectors of taxes 
in their respective counties.* 

Sec. 5. And be it further enacted by the authority aforesaid, That it shall be the 
duty of the sheriffs of the respective counties of this State, and they are hereby autho- 
rized and required, when a sale shall have taken place, under and by virtue of an exe- 
cution issued by the Treasurer of the State, under the directions of this act, against 
any defaulting tax collector, and the property of such defaulting tax collector shall 
have been sold for monies due the State, to deliver the possession of the property so 
sold to the purchaser or purchasers thereof, and if the said defaulter or any other person 
or persons who may be in possession of the said property so sold, shall refuse to deliver 
up the same upon being called on by the Sheriff of the county for that purpose, it shall 
be the duty of such sheriff, and he is hereby required to dispossess the said defaulting 
tax collector, or any other person or persons who may be in possession of the property 
sold, and deliver the same to the purchaser or purchasers thereof, their agent or attor- 
ney ; for which purpose, if needful, he shall call on the commanding officer of the militia 
of the county where the property is situated, to render the necessary assistance, who is 
hereby required to order out the same. 

Sec. 6. And be it further enacted, That the same rules and regulations for carrying 
this act into effect, shall be observed, as are laid down for carrying into effect the tax 
law, of the year one thousand seven hundred and ninety-seven ; except the returns of 
receiver of tax returns; and they shall be returned to the Comptroller-General. Provided, 
That no sales which shall be made under this act, of property belonging to orphans, 
shall have any effect. 



DAVID MERIWETHER, Speaker of the House of Representatives. 
JOHN JONES, President of the Senate, pro tempore. 
Assented to, December 5, 1S01. 

JOSIAH TATTNALL, jun. Governor. 



* Receivers and Collectors elected by the people—See act of 1810, No. 554. 



PASSED IN THE YEAR 1801. *r 



IN THE HOUSE OF REPRESENTATIVES, 

DECEMBER 2d, 1801. 

RESOLVED, That the Honorable John Milledge, one of the representatives 
of this State, in Congress, be and he is hereby appointed a commissioner on the part of 
this State, to carry into effect the act, entitled, " An Act to amend an Act to carry the 
23d section of the first article of the constitution into operation," so far as relates to 
the powers vested by the same in the Honorable Abraham Baldwin, James Jones 
and Bejvj^min Taliaferro, Esquires, commissioners on the part of Georgia, to make 
a cession of part of the unlocated territory of the said State to the United States, passed 
at Louisville, the 2d day of December, 1800, in the room, of James Jones, Esquire,, 
deceased.— —Read, and agreed to. 



DAVID MERIWETHER, Speaker of the House of Representatives* 
Test — Hines Holt, Clk. 

In Senate, read and concurred in. 
JOHN JONES, President of the Senate? pro. tempore*- 
Test— William Robertson, Secretary. 

Executive Department, December 5th, 1801, 
Presented and approved, 

JOSIAH TATTNALL, jim. Goyebstor, 
Test — Gr. R. Clayton, Secretary, 



LAWS OP GEORGIA, 



(No. 35.) 



Preamble. 



Articles of 
agreement 
and cession. 



AN ACT 
To ratify and confirm certain articles of agreement and Cession entered into on the 
24£/i day of April, 1802, between Hie Commissioners of the State of Georgia on the 
one part, and the Commissioners of the United States on the other part. 



HERE AS the Commissioners of the State of Georgia, to wit : James Jackson, 
Abraham Baldwin, and John Milledge, duly authorized and appointed by, and on the 
part and behalf of the said State of Georgia ; and the Commissioners of the United 
States, James Madison, Albert Gallatin, and Levi Lincoln, duly authorized and appoint- 
ed by, and on the part and behalf of the said United States, to make an amicable 
settlement of limits, between the two Sovereignties, after a due examination of their 
respective powers, did, on the 24th day of April last, enter into a deed of articles, and 
mutual cession, in the words following, to wit : 

Articles of agreement and cession, entered into on the twenty-fourth day of April, 
one thousand eight hundred and two, between the Commissioners appointed on the part 
of the United States, by virtue of an act entitled, « An act for an amicable settlement 
of limits with the State of Georgia, and authorizing the establishment of a govern- 
ment in the Mississippi Territory j" and of the act supplemental to the last mentioned 
act on the one part; and the commissioners appointed on the part of the State of Georgia 
hy virtue of an act entitled, " An act to carry the twenty-third section of the first 
article of the constitution into effect," and of the act to amend the last mentioned act 
on the other part. ( 



ARTICLE 1st. 



Article l ^ ie State °^ Georgia cedes to the United States, all the right, title and claim, 

which the said State has to the jurisdiction and soil situated within the boundaries of the 
United States, south of the State of Tennessee, and west of a line beginning on the 
western bank of Chatahouchie river, where the same crosses the boundary line between 
the United States and Spain, running thence up the said river Chatahouchie, and along 
the western bank thereof, to the great bend thereof, and next above the place where a 
certain creek or river called Uchee, (being the first considerable stream on the western 
side, above the Cussetas, and Coweta towns,) empties into the said Chatahouchie 
river ; thence in a direct line to Nickajack, on Tennessee river, then crossing the said 
last mentioned river, and thence running up the said Tennessee river, and along the 
western bank thereof, to the southern boundary line of the State of Tennessee, upon the 
following express conditions, and subject thereto — that is to say : — 

First — That out of the first nett proceeds of the sales of the lands thus ceded, 
which nett proceeds shall be estimated by deducting from the gross amount of sales, 
the expenses incurred in surveying, and incident- to the sale, the United States shall 



PASSED W THE TEAR 1802, m 



pay at their treasury, one million two hundred and fifty thousand dollars, to the State (No. 35.) 

of Georgia, as a consideration for the expenses incurred by the said State, in relation 

to the said territory ; and for the better securing as prompt a payment of the said sum 

as is practicable, a land office for the disposition of the vacant lands thus ceded, to which 

the Indian title has been, or may hereafter be extinguished, shall be opened within a 

twelvemonth, after the assent of the State of Georgia to this agreement, as hereafter 

stated shall have been declared. 

Secondly. That all persons who, on the twenty-second day of October, one thousand ^d Condition, 

Seven hundred and ninety-five, were actual settlers within the Territory thus eeded, 
shall be confirmed in all the grants, legally and fully executed prior to that day, by the 
former British government of West Florida, or by the government of Spain, and in the 
claims which may be derived from any actual survey, or settlement made under the aot 
of the State of Georgia, entitled, « An act for laying out a district of land situate on the 
river Mississippi, and within the bounds of this State, into a county to be called Bourbon," 
passed the seventh day of February, one thousand seven hundred and eighty-five. 

Thirdly. — That all the lands ceded by this agreement to the United States, shall 3d Condition. 
after satisfying the above mentioned payment of one million two hundred and fifty thou- 
sand dollars to the State of Georgia, and the grants recognized by the preceding condi- 
tion, be considered as a common fund for the use and benefit of the United States, 
Georgia included, and shall be faithfully disposed of for that purpose, and for no other 
use or purpose whatever. Provided hoxvever, That the United States for the period 
and until the end of one year after the assent of Georgia to the boundary established by 
this agreement shall have been declared, may in such manner as not to interfere with 
the above mentioned payment to the State of Georgia, nor with the grants herein before 
recognized, dispose of or appropriate a portion of the said lands not exceeding five 
millions of acres, or the proceeds of the said five millions of acres, or of any part there- 
of for the purpose of satisfying, quieting or compensating for any claims other than 
those herein before recognized, which may be made to the said lands or to any part 
thereof. — It being fully understood that if an act of Congress making such disposition 
or appropriation, shall not be passed into a law within the above mentioned period of one 
year, the United States shall not be at liberty thereafter to cede any part of the said 
lands on account of claims which may be laid to the same, other than those recognized 
hy the preceding condition, nor to compensate for the same ; and in case of any such 
cession or compensation, the present cession of Georgia to the right of the soil thus 
ceded or compensated for, shall be considered as null and void, and the lands thus eeded 
or compensated for, shall revert to the State of Georgia. 

Fourthly — That the United States shall at their own expense extinguish for the use 
©f Georgia, as early as the same can be peaceably obtained on reasonable terms, the 4th condition. 

G 



J 



90 



LAWS OF GEORGIA, 



(No. 35.) Indian title to the county of Tallassce, to the lands left out by the line drawn by th« 
Creeks in the year one thousand seven hundred and ninety eight, which had been previ- 
ously granted by the State of Georgia ; both which tracts had formerly been yielded by 
the Indians ; and to the lands within the forks of the Oconee and Oakmulgee rivers; for 
which several objects the President of the United States has directed that a treaty shall 
be immediately held with the Creeks, and that the United States shall in the same man- 
ner extinguish the Indian title to all the other lands within the State of Georgia, 

Sik Condition. Fifthly. — That the territory thus ceded shall form a State, and be admitted as such 
into the Union, as soon as it shall contain sixty thousand free inhabitants, or at an earlier 
period if Congress should think it expedient, on the same conditions and restrictions, with 
the same privileges and in the same manner as is provided in the ordinance of Congress of 
the thirteenth day of July, one thousand seven hundred and eighty-seven, for the govern- 
ment of the western territory of the United States, which ordinance shall in all its parts 
extend to the territory contained in the present Act of Cession, that article only excepted, 
which forbids slavery. 

ARTICLE 2. 

Article 2tf. The United States accept of the cession above mentioned, and on the conditions therein 

expressed, and they cede to the State of Georgia whatever claim, right or title they may 
have to the jurisdiction or soil of any of the lands lying within the United States and 
out of the proper boundaries of any other States, and situated south of the southern 
boundaries of the States of Tennessee, North-Carolina and South-Carolina, and east of 
the boundary line herein above described, as the eastern boundary of the territory ceded 
by Georgia to the United States. 

ARTICLE s. 



Article od. 



The present act of cession and agreement, shall be in full force as soon as the Legist 
lature of Georgia shall have given its assent to the boundaries of this cession. Provided, 
that the said assent shall be given within six months after the date of these presents ; — 
And Provided, that Congress shall not during the same period of six months repeal so 
much of any former law as authorizes this agreement, and renders it binding and con- 
elusive on the United States. But if either the assent of Georgia shall not be thus given, 
or if the law of the United States shall be thus repealed within the said period of six 
months, then and in either ease these presents shall become null and void. 

IN faith whereof, the respective commissioners have signed these presents, and 
affixed hereunto their seals. Done at the City of Washington, in the District of 
Columbia, this twenty-fourth day of April, one thousand eight hundred and two. 



PASSED IN THE YEAR 1802. 51 



JAMES MADISON, (t, .,) -j Commissiomrs on the part of (^ **0 
ALBERT GALLATIN, (l. ..) L m ^^ ^^ 

LEVI LINCOLN, (l. s.) J 

JAMES JACKSON, (l. s.) •} Commis g imers on the part nf 
ABRAHAM BALDWIN, (l. s.) J> Georgia. 

JOHN MILLEDGE, (*. s.) J 

f J. FRANKLIN, Senator of the U. 8. from North-Carolina, 
i SAM. A. OTIS, Secretanj of the Senate of the United States. 
' JOHN BECKLEY, Clerk of the House of Representatives of the 

United, States. 



i 



> E it enacted by the Senate and House of Representatives of tlie State Act to ratify 
#f Georgia, in General Assembly met, and by the authority thereof, That the said deed or ™£ confirm 
articles of agreement and cession, be and the same hereby is and are fully, absolutely articles. 
and amply ratified and confirmed in all its parts, and hereby is and are deelared to be 
feinding and conclusive on the said State, her government and citizens forever. 

ABRAHAM JACKSON, Speaker of the House of Representatives? 
WILLIAM BARNETT, President of the Senate. 

Assented to, June 16th, 1802. 

JOSIAH TATTNALL, jun, Gotbritoi, 



52 



LAWS OF GEORGIA, 



(No. 36.) 



Preamble 



Apportion- 
ment of Re- 
presentatives 
to Congress. 



AN ACT 

Authorizing the Electors in the several comities in this State to elect four persons to 
represent them in the House of Representatives of the United States. 

V f HEREAS by the late enumeration of the inhabitants of the United States, this 
State is entitled to four members in the House of Representatives of the United States * 

BE it therefore enacted hy the Senate and House of Representatives of the Slate of 
Georgia, in General Assembly met, That at the general election which shall be held for 
members of the State Legislature, on the first Monday in October next, and at every 
second general election thereafter, the electors at such elections shall be entitled to vote 
for four persons to represent this State, in the House of Representatives of the United 
States, under such rules and regulations, as are prescribed by the election laws of this 
State now in force. 

ABRAHAM JACKSON, Speaker of the House of Representatives. 

WILLIAM BARNETT, President of the Senate. 

Assented to, June 16, 1803. 

JOSIAII TATTNALL, jun, Governs, 



(No. 37.: 



Preamble. 



Alteration 
of the name of 
Redden and 
MalachiMoye 
to that of J)en- 
raarfc. 



AN ACT 
To authorize Redden and Malachi Jffoye? to bear the natne of Denmark. 

HEREAS Redden and Malachi Moye, have generally been called and known by 
the name of Redden Denmark and Malachi Denmark, and under those names have made 
various contracts and engagements : And whereas, it is their wish and desire to bear th^ 
name of Denmark, and to be authorized and confirmed therein hy law. 

BE it therefore enacted hy the Senate and House of Representatives of the State of 
Georgia, in General Assembly met, and by the authority of the same, That the said Redden 
and Malachi, be fully authorized to bear, use and retain the name of Denmark, and 
they are hereby confirmed therein. And all contracts and engagements made by them 
or either of them under that, name, shall be equally valid to all intents and purposes, as 



PASSED IN THE YEAR 1803.' 53 



if the same had been or were made in the name of Moye, any thing* to the contrary (No. 37.) 
notwithstanding. , 

ABRAHAM JACKSON, Speaker of the House of Representatives. 
DAVID EMANUEL, President of the Senate. " 

Assented to, November IS, 1802, 

JOHN MILLED GE, Governor. 



AN ACT (No. 38.) 

To quiet the claUn of James Gunn, to tlie estates, real and personal, of 
General James Gunn, deceased. 

HEREAS it has been represented to this Legislature, that Brigadier General 
James Gunn, died testate ', and it appearing from the strongest presumptive testimony, Pr e al * b k. 
that he left a will and testament, but that the same has been lost or destroyed, so that 
there is no probability of its being found ; And whereas it also appears to have been the 
wish, desire and intention of the said General James Gunn, that his nephew, James 
Gunn, of the State of Virginia, should inherit, possess and enjoy, his estate, real and 
personal. 

Sec. 1. BE it therefore enacted by the Senate and Hoiise of Representatives of the 
State of Georgia in General Assembly met, and it is liereby enacted by the authority Property of 
of the same, That all the estate, both real and personal, of the said Brigadier General vested* in "his 
James Gunn, and which he died possessed of, or was entitled to in this State, shall go ne P hew - 
to and be vested in the said James Gunn, (the nephew of the said Brigadier General 
James Gunn,) to hold to him, his heirs and assigns, for ever; subject nevertheless, to the 
payment of all just debts, due and owing from the estate of the said Brigadier General 
James Gunn. 

Sec. 2. And be it further enacted, That all suits, or proceedings in law or equity 
in which this State may be a party, touching the said estate, real and personal, of the ReHn <l u;s h- 
said Brigadier General James Gunn, under or by virtue of the escheat law, passed last stS^riJhl 
session, shall cease, determine, and be utterly null and void, any thing in the said escheat ^^ 
law contained to the contrary notwithstanding. 

ABRAHAM JACKSON, Speaker of the Mouse of Representatives * 
DAVID EMANUEL, President of the Senate, 
Assented to, November 22, 1802. 

JOHN MILLEDGE, Governor. 



U LAWS OF GEORGIA, 



(No. 59,) AN ACT 

To secure to Nathaniel Twining, his heirs and assigns, for the term of ten years, the 
sole and exclusive right of running a line of stage-carriages > between the city of 
j&y Savannah and town of St. Manfs. 



sec. . jjgj-f enacted by the Senate and House of Representatives of the State of 
tuSf'Twin" Georgia, in General Assembly met, and by the authority of the same* That Nathaniel 
ing with the Twining, his heirs and assigns, shall have the sole and exclusive rieht of running a line 

power to run a ■» 

line of stages, of stage carriages for the conveyance of passengers and their baggage between the city 
of Savannah and town of St. Mary's, in this State, by the way of Darien, or such 
other rout as the post-road from one place to the other may be established and laid oat* 
for the term of ten years, to commence on the first clay of January, which will be in 
the year of our Lord, on« thousand eight hundred and three. 

Sec. 2. A?td whekeas, there is not at present a convenient post-road leading from the 

town of Darien to the town of St. Mary's: Bo it therefore further enacted by the authority 

To c firry 

passengers aforesaid, That the said Nathaniel Twining, his heirs and assigns, shall have the sole 
Siebywatfr and exclusive right of conveying passengers and their baggage for hire, between the said 
town of Darien and St. Mary's by water, until a post-road is laid out and established 
from the said town of Darien to St. Mary's, or until a post-road is laid out and established 
from the city of Savannah to the town of St. Mary's, h^ some other route than that by 
Darien. 

Sec. 3. And be it further enacted, That if any person or persons shall within the 
. said term of ten years, presume to run any stage-carriage or carriages, in any manner 
to-each or this for fare or hire, between the places aforesaid, or shall presume to convey any passen- 
gers by water for fare or hire, between the town of Darien and St. Mary's, so as to 
abridge the right granted by this act to the said Nathaniel Twining, without the consent 
or concurrence of the said Nathaniel Twining, under his hand and seal first obtained, 
every such person or persons so offending, shall forfeit and pay to the said Nathaniel 
Twining, his heirs and assigns, double the amount of the sum demanded or received by 
such person or persons, to be recovered by the said Nathaniel Twining, or his legal 
representatives by action of debt, before any magistrate or court having cognizance 
thereof. Provided nevertheless, That the said Nathaniel Twining, shall within the term 
of five months from the passing of this act, commence and put in practice the running 
the said line of stage carriages, and also, commence and put in practice the water car- 
riage aforesaid, and eontinue the same at least once a week, between the said places, 
and to the end of the time aforesaid. Provided, that the said Nathaniel Twining, do 
give bond to his Excellency the Governor, in the sum of three thousand dollars, with 
good and sufiicient security, for the running of stages for the aforesaid term. 

ABRAHAM JACKSON, Speaker of the House of representatives, 
DAVID EMANUEL, President of Hie Senate. 
Assented to, November 25, 1802. 

JOHN MILLED GE, Goverkok. 



PASSED IN THE YEAR 1802. BB 



AN ACT (No. 40.) 

To vest Nichol Turnbull, with the exclusive right of keeping a Ferry from New-Dept- 
ford, to the Carolina side of the Uiver Savannah wlierc the new Charleston road will 
strike the same. 



Sec. 1. J3 E it enac t ei i by the Senate and House of Representatives of the State 
of Georgia, in General Jlssembhj met, and by the authority of the same, That a public y ^^ 
Ferry shall be, and the same is hereby established, upon Savannah River, from the Savannah re- 
plantation of Nichol Turnbull, to the place where the public road leading from Charleston, ^ B establiBk- 
through Tunbridge to Savannah, shall strike said river on the opposite side; which said 
ferry, is hereby vested ia the said Nichol Turnbull, his heirs, executors, administrators wh ^ V esteX 
and assigns, for the term often years next ensuing the passing of this act. 

Sec* 2. And he it further enacted by the authority aforesaid, That the said Nichol 
Turnbull, his heirs, executors, administrators and assigns, shall be, and they are hereby 
required, to keep in repair the road and causeway on his plantation aforesaid, leading to 
Savannah river, and to provide and keep one or more good and substantial boat or boats, 
lit to carry six horses at the least, and one white man, as also a sufficient number of 
slaves or servants, to attend the said ferry, as well by night as by day, to carry over the Ratesof f ' £ 
said passengers, their servants, slaves, horses, cattle, carriages, &c. And that it shall and age. 
may be lawful to, and for the said Nichol Turnbull, his heirs, executors, administrators 
and assigns, as aforesaid, to ask, demand, and receive, for the said ferriage, the several 
prices and rates following, ancl.no more, that is to say : — For every foot traveller, thirty- 
seven and an half cents ; for each person and horse, sixty-two and an half cents ; for 
every wheel carriage, per wheel, thirty-seven and an half cents ; for every single horse, 
fifty cents ; for neat cattle, per head, thirty-seven and an half cents ; for calves, goats,, 
sheep or hogs, eaek twelve and an half cents. 

Sec. 3. JLncl be it further enacted, That in case any person or persons, going to the 
said ferry, in order to pass the same, shall, after tendering the ferriage as settled by 
this act, meet with delay, proceeding from negligence or other improper conduct, in not 
giving the due attendance required by this act, the said Nichol Turnbull, his heirs, ff 
executors, administrators, and assigns, shall forfeit and pay for every time such delay 
shall happen to the person or persons so delayed, a sum not exceeding three dollars for 
every hour, to be recovered upon proof thereof, before any justice of the peace, for the 
county of Chatham, by warrant un/ler the hand and seal of the said justice. Provided, 
That the person so delayed, shall make complaint within one month next after such 
delay shall have happened; and all former acts relating to the said ferry, shall be and are 
hereby repealed. 

ABRAHAM JACKSON, Speaker of the House of Representatives. 

DAVID EMANUEL, President of the Senate, 
Assented to, November 25, 1802. 

JOHN MILLEDGE, Goyek*or. 



Penalty for 
k-b.v at th<*. 



»«!*« 



65 LAWS OF GEORGIA, 



(No. 41.) AN ACT 

To amend an act, entitled " Jin Act to authorize John Martin Dasher, to keep open and 
improve the navigation of Ebenezer Mill Creek, and erect mills thereon". 

Preamble. 



HERE AS a number of the inhabitants of the county of Effingham, have petitioned 
this Legislature, to amend an act passed the first day of December, 1801, entitled « An 
Act to authorize John Martin Dasher, to keep open and improve the navigation of Eben- 
ezer Mill Creek, and to erect Mills thereon.'' 



r&rfeiture in %E it therefore enacted by the Senate and House of Representatives of tlic 

MiUCreek Ze is ^^ °f Georgia, ™> General Assembly met, and by the authority of the same, 
not cleared That the said John Martin Dasher, shall, within nine months after the passing of this 
act, prepare a way, by which rafts fifteen feet wide, if necessary, or boats, may pass 
up and down the said creek ; and in case of failure therein, after a demand, he shall 
forfeit and pay to the person or persons so detained, for the first day, one dollar; for the 
second day, two dollars j and for the third day, four dollars, and so on in equal propor- 
tion for every day they may be detained, to be recovered by action of debt or otherwise, 
in any court having cognizance thereof, at the instance of such party. 

ABRAHAM JACKSON, Speaker of the House of Representatives. 
DAVID EMANUEL, President of the Senate. 
Assented to, November 26, 1802. 

JOHN MILLED GE, Governor. 



AN ACT 
Supplementary to the Judiciary Act. 

(No. 42). J3E it enacted by the Senate and House of Representatives of the State of Georgia, in 
General Assembly met, and by the authority of the same, That the Judges of the Superior 
Courts, shall not, in any ease whatever, withhold any grant, deed, or other document 
rom the jury, under which any party in a case may claim title, except such evidence of 
a jury. title as may be barred by the act of limitation. 

ABRAHAM JACKSON, Speaker of the House of Representatives. 
DAVID EMANUEL, President of the Senate. 
Assented to, November 26, 1802. 

JOHN MILLEDGE, Governor. 



No document 
of title to be 
withheld from 



PASSEB IS THE YEAH 1808, 



57 



AN ACT* 

To establish a fund for the redemption of the Public Debt of this State, 

HERE AS justice and good faith require, that the outstanding debti due by thia 
State should be paid off and discharged. 

Sec. 1. JBJE it therefore enacted by the Senate and House of Representatives of the State 
of Georgia, in General Assembly met, and by the authority of the same, That from and 
immediately after the passing of this act, all debts due to this State by bond or otherwise, 
for confiscated property, and all confiscated property yet remaining unsold, and not other- 
wise specially appropriated, shall be established and set apart as a fund for the paying 
and redeeming the Public Debts due by this State ; and all monies hereafter collected for 
confiscated property, 6hall be deposited in the Treasury of this State, and the Treasurer 
shall annually pay to each creditor, his attorney, agent or representative, a just portion 
©f his debt or demand against this State, in proportion to the whole of the demands j and 
the quantity of money received as aforesaid, and until all the Public Debt is paid ©IT 
and discharged.! 



(No. 43.) 



Preamble. 



Debt* for, atii 
confiscated 
property, Set 
apart for tha 
redemption of 
the Public 
Debt. 



ty appointed, 



Their duty. 



Sec. 2. And be il further enacted, That James Bird, William Robertson, and 
Hines Holt, be and they are hereby appointed Commissioners, and they or a majority of «» of conn's- 
them, are hereby authorized to sell and dispose of all such confiscated property, as yet tv^Dointrd 
remains unsold, and also of all such confiscated property that has or may revert to the 
State, on account of the terms of former sales not being complied with, and the said 
commissioners are hereby authorized to receive in payment, any cash demands agains* 
this State, which have been liquidated by the Comptroller General, (Wade and O'Brian'a 
certificates excepted.) Provided, that they and each of the commissioners aforesaid, 
do give bond and security to his Excellency the Governor, in the sum of ten thousand 
dollars, for the faithful discharge of their duty. 

Sec. 3. And be it further enacted, That all sales of property made by virtue of where sales 
this act, shall be at the seat of Government of this State, and between the hours of t0 ^ place ' 

.•,....,„ . and now ad* 

twelve and three o cloek in the afternoon, and that the same shall be advertised at least vertited. 
six months in one of the public gazettes in each district of this State, and at the Court- 
House in the county where the property lies.:}: 

Sec. 4. And be it further enacted, That the said Commissioners shall be allowed at c ? m P ensati °n 
and after the rate of two and an half per centum each, on all property by them sold, missioner?"^ 

-- ________________ their further 



* S»e act of 1803, No. 82. Supplementary to this act. 

j thongs, ^i^s^aassg^ ° f the Academie ' ° f the *» co ^"> * *«£» 

*4?cV^ besoldatSarannah, property in the upper 

H 



duty. 



- 



LAWS OF GEORGIA, 



(No. 43.) in virtue of this act, as a compensation for their services : Provided nevertheless, that 
the said commissioners shall not he authorized to sell by. virtue of this act, any lands that 
cannot be particularly identified by a plat of the same in the Surveyor General's Office, of 
this State; but they, the said commissioners, are hereby authorized and directed, to 
appoint one able surveyor, to survey and make out, under the particular direction and 
inspection of the said commissioners, or cither of them, fair plats of all the lands belong- 
ing to this State, by virtue of the confiscation acts heretofore passed in tins State, the 
same being on record in the Secretary of State's Office, but no plat thereof being in the 
Surveyor General's Office ; also to re-survey all lands that may be advertised for sale, 
agreeably to the plats in the Surveyor General's Office, previous to the sale thereof. -7. 
He the said surveyor receiving the usual fees of surveyors, in like cases, out of any 
monies arising from the sales of such property : and the said surveyor is hereby directed 
to return each survey by him so made as aforesaid, to the commissioners or either of 
them, to be by the said commissioners or a majority of them laid before the next Legis- 
lature. 



Commission- 
ers authority 
to make sales. 



This to be a 
public act. 



Sec, 5. And be it further enacted, That this State shall and will warrant and defend 
the said commissioners, or a majority of them, in any sale or sales of property, which 
they may make by virtue of this act. 

. Sec. 6. And he it further enacted, That this act shall be held, taken, and be a pufer 
lie act to all intents and purposes. 

ABRAHAM JACKSON, Speaker of the House of J&eprescntatvcm, 
DAVID EMANUEL, President of the Senate. 
Assented to, November 26, 1802. 

JOHN MILLEDGE, Goveknoe. 



$0. 44.) 



Preamble. 



AN ACT 



To Incorporate the Petersburg Union Society. 



HEREAS it is a matter of the highest importance in a free government, to 
increase and diffuse knowledge, and the height of benevolence to alleviate the wants 
cf distress; and as the persons composing the Petersburg Union Society, have formed 
themselves together for the above laudable purposes. 



W, 



JJE it enacted by the Senate and House of Representatives of the Stale of Georgia, in 

Jfoewptraied, General Assembly met, and by the authorihj of the same, That Shaler Hillyer, president, 

John Williams Walker, secretary 5 Memorable Walker, Oliver White, James Sanders 

Walker, John A. Casey, Thomas Casey, Robert Watkins, William Jones, Albert Brux? 

Robert H. Watkins, Rignal N. Groves, Nicholas Pope, Andrew Green Semmes, Jam«s 



PASSED IN THE YEAS 1802. 5S 



*&*ȣ 



tuna «in ii ■ *"t* i i it " '" 



Coulter, William Wyatt Bibb, Garland T. Watkins, and Thomas Bibb, members thereof, (No, 44.) 
are hereby incorporated into a society, by and under the name and style, of the Peters- 
burg Union Society, and they themselves, their successors, officers and members of the 
same, shall be, and they are hereby declared to be a body corporate, in deed and in 
name, by the name and style aforesaid, and by the same name shall have perpetual suc- 
cession of officers, and members, and a common seal to use, with power to make, alter, 
. change, and amend sueh bye-laws and regulations as may be agreed on by the members 
of, the said society : Provided such bye-laws be not repugnant to the laws and constitution 
of this Slate, or of the United States. And that they have privilege to sue for, and 
recover all monies that now are, or may be due to said society, or be sued in like man- 
ner, by and under the name and style aforesaid, in any court of this State, baving com- 
petent jurisdiction thereof ; and to receive, take and apply all donations, for the uses 
intended by the said society ; and shall, and hereby are declared to be vested with all the 
privileges, powers and advantages, rights and immunities of a society of people, 

incorporated for the purposes intended by their institution. 

•' 

ABRAHAM JACKSON, -Speaker of the House of Representatives* 
DAVID EMANUEL, President of the Senate. 

Assented to, .November 26, 1802. 

. . ■ ■• ■': 

JOHN MILDEDGE, Governor, 



AN ACT 

For establishing a Ferry from the plantation of Newell Walton, sen. to the land 
of Lee, on Savannah river. 



(No. 45.) 



Fei?y estate 



E it enacted by the Senate and House of Representatives of the State of Georgia, in 
General Assembly met, and by the authority of t\u same, That a public ferry shall be, 
and the same is hereby established upon Savannah river, from the plantation of Newell &*«** across 

Walton, senior, to the land of -Lee, on the opposite side of the said river, under the ^J™^ Rl 

same rules and regulations as other Ferries in this State are by law established on said 
River. 

ABRAHAM JACKSON, Speaker of the Home of Representatives. 

DAVID EMANUEL, President of the Senate. 
Assented to, November 26, 1802. 

JOHN MILLED GE, Governor, 



SI 



LAWS OF GEORGIA, 



(No. 4<5.) 



Crumble. 



AN ACT 

Supplementary to an act, entitled " An Act respecting Bastardy, and other Immoralities."* 



HERE AS the act entitled " An Act re§pecting Bastardy, and other immoralities/*' 
passed on the 16th day of December, 1793, has been found ineffectual for the purposes 
therein intended — for remedy whereof ;— « 

punishment Sec. 1. JSJE it enacted by the Senate and House of Representatives in General JLssm- 

KshiTtluu'ct My met ' Tliat from and after the P assin S of this act » tlie punishment to be imposed upon 
any person who shall be eonvieted under the first article of the said recited act, shall b$ 
by fine and imprisonment, or either at the discretion of the judge. 



r™*ofre f nc e e " Sec * 2 ' ** nd ht *• f nrt1ier enacted, That the penalty for every offence in the third ar- 
te increase. tide described, shall continue to increase in the same ratio therein prescribed, and that 

one half of the fine so inflicted shall go to the informer, the other half to the county in 

which the offender or offenders reside, 



Proviso. 



Provided nevertheless, That nothing herein contained shall be so eonstrued, as to bar 
either party when charged as aforesaid, from offering exculpatory testimony to the magi- 
strate, in the first instance of the charge exhibited ; who may exercise his discretionary 
power, after due enquiry being had, either to discharge or recognize both or either of 
the parties charged as aforesaid, in conformity to the intent and meaning of this act j 
any'thing to the contrary notwithstanding. 

ABRAHAM JACKSON, Speaker of the House of Reprettntutitts. 

DAVID EMANUEL, President of the Senate. 



Assented to, November 26, 1803. 

JOHN MILLEDGE, Governob* 



* See act of 1809, No. 422, pointing out the method of prosecuting the bonds given for maintenanee ff 
•stards, and how the awne is tt> be appropriated, and to whom the bonds are to bt returned when taken. 



PASSED IN THE YEAR 18€3. ftL 



AN ACT (No. 47.) 

To divorce and separate John Mulkey, and Charily, his wife. 



w, 



HEREAS the ninth section of the third article of the Constitution, doth authorise preamble 
divorces upon legal principles :- — And whereas, John Mulkey, and Charity, his wife, have 
had a fair trial in the Superior Court of the county of Montgomery, and a verdict given, 
authorizing and recommending a divorce by the Legislature. 

Sec. i. BE it enacted by the Senate and House of Representatives of the State of Geor- 
gia, in General Assembly met, and by the authority of the same. That from and immedi- John Mulkey 

._,. . . . , , and wife div 

ately after the passing ot this act, the matrimonial connection, and civd contract of vor«cd. 
matrimony made between the aforesaid John Mulkey, and Charity, his wife, shall be 
•ompletely annulled, set aside, and dissolved, as fully and effectually as if no such con- 
tract had been made and entered into between them. 

Sec. 2. And be it further enacted, by the authority aforesaid, That the said John 
Mulkey, and Charity, shall in future be deemed and considered as distinct, and separate M f n 'f« Q . di ** 
persons, altogether unconnected by any mistical union or civil contract whatever at any 
lime heretofore made or entered into between them. 



ABRAHAM JACKSON, Speaker of the House of Representatives* 
DAVID EMANUEL, President of the Smote. 
Assented to, November 26, 1802. 

JOHN MILLEDGE, Governor, 



AN ACT (No. 48.) 

Appointing the time for holding the Inferior Courts of the County of Tattnall 

tT HEREAS no time hag been fixed by law for holding the Inferior Courts in the Fw»mbte. 
County of Tattnall, to the manifest injury of its inhabitants, the internal police of the 
•ounty, and the procrastination of judicial proceedings. 

BE it therefore enacted by the Senate and House of Representatives, in general Assem- ho 3JjJ ea , for 
Hymet, and by the authority of the same, That the Inferior courts of said county, shall ^VTnfS* 

courts. 



62 LAWS OF GEORGIA*' 



(No. &8.) be holdeiv in said county from and after the present date, on the first Monday in March 
and August next, and annually on those days thereafter. '■-■■, 



ABI1AHAM JACK8039*, 8ptakw <ff the Home of IhprmntoHwt. 
DAVID EMANUEL, President of the Senate, 
Assented to, November 28, 1802, 

JOHN MILLEDGE, Governor. 



(No. 49.) 



AN ACT 

To authorize the Commissioners of the Academy of M'lntosh county, to dispose of 

certain land. 

Sec. 1. j|-jj -g ^ enacted by the Senate and House of Representatives of the State of 
Georgia, in General Assembly met, and by the authority of the same, That the commissi- 
Commission- oners of the M'lntosh county Academy, or a majority of them, are hereby fully authb- 
Mzed to sell and dispose of, to and for the use of the said Academy, all and singular such 
lands as were purchased for the use of said Academy at the confiscated sales, and the said 
commissioners or a majority of them, are hereby authorised in case they shall find the 
same most advantageous to the interest of said academy, to dispose of the said land or 
any part, for at least one fourth cash, the remainder payable by instalments, not excee- 
ding three years with interest on the same, taking bond and mortgage oa the premises 
to secure the payment of the same. 

And whereas, there are certain unappropriated lands in and adjacent to the town 
tailed Darien, in the county aforesaid, the proceeds of which may assist in promoting 
the said institution : — 

Sec. 2. JBe it therefore enacted by tlie authority aforesaid, That the said com- 
canted ™ missioners, are hereby fully vested in fee simple, to and for the use of said academy, 
appropriated -\\ith all the lots of land and appurtenances thereto belonging, in the town of Darien, 
use of said A- comprising all vacant lands laid out and established as a town by that name, under the 
.ademy. authority of General Oglethorpe, which allotment is hereby confirmed ; and the said 

commissioners, or a majority of them, are authorized to make sale of said lots and 
appurtenances, in the same manner and on the same terms as they are authorized to sell 



PASSED IN THE YEAR 1802. «3 



the lands of the academy, or in such manner as they or a majority of them may deem (No. 49.) 
most conducive to, the interest of the said institution. 



ABRAHAM JACK'S ON,' Speaker of the House of Representatives. 
DAVID EMANUEL, President of the Senate. 
Assented to, November 26, 1802. 

JOHN MILLED GE, Goveknob.. 



i m +mmmm m m m A-^ ,ji , nj i t* in ii | m \ i mmmim m m — ..l 

(No. 50$ 



AN ACT 



To authorize the Commissioners of the town of Frederica, ht the county of Glynn* 
to lay off a roxv or range of water tots, and for disposing of tiie same. 



Preamble. 



Cornmisslon- 



HEREAS it is found by experience, that'- the front range of lots in the town of 
Frederica, is too distant from the >vater, for the convenient storage or shipping of pro- 
duce or the landing of goods imported to that place — Tor remedy whereof: 

Sec. 1. BE if enacted by the Senate and House of Representatives of the State of 
Georgia, in General Assembly met, and by ihe authority of the same, That the com- 
missioners of the said town of Frederica, or a majority of them, are hereby autho- ers to lay off 
rized and empowered, to cause a range of lots to be laid, off in front of said town* 
commencing at low water, mark, and running back so far as to leave a street eighty 
feet between the present front range of lots and these to be laid off* 

Sec. 2. And be it further enacted, That when the lots are so laid off, the said com- 
missioners are hereby authorized to sell all the lots to, be laid off as herein before ^ots to ?jfe 
pointed out, at public auction^ first giving sixty days notice in one of the public gazettes S3lcl > moa i es 
of Savannah, and at three or more public places in said county, and the money ari- 
sing from such sale, after defraying ail the expenses of such survey, shall be paid 
over (o the commissioners of the academy of said county of Glynn, which shall be 
by them applied to, and for the use of said institution. 

Sec. 3. And be it further enacted, That when the lots are so laid off, (lie com- 
aussioners shall cause two correct plans thereof, to be laid down aad certified by the ill lo^Vbe 

made out, 



64 LAWS OP GEORGIA, 

(No. 50.) surveyor, one of which shall be transmitted by them to the Surveyor General, to be 
recorded in his office, and the other to be delivered to the county surveyor of said 
dounty, to be recorded by him in his office. 

ABRAHAM JACKSON, Speaker of the House of Representatives. 
DAVID EMANUEL, President of the Senate, 
Assented to, November 26, 1802. 

JOHN MILLEDGE, Governor. 



£No. 51.) 



AN ACT* 

To authorize and empower the Trustees of the German Congregation in Ebenezer, t4 
sell and convCy a certain tract of land therein mentioned. 



Wi 



HEREAS the German Congregation in Ebenezer, in the county of Effingham, 
hath petitioned this Legislature, for leave to sell and convey a tract of land situated 
y>t«nbk. in Goshen, in said county, containing three hundred acres, originally laid out, and 
granted as glebe to the said Church. 

Sec. 1. BE it therefore enacted by the Senate and House of Representatives, m 
Trusses of General Assembly met, That the Trustees for the said Ebenezer Congregation, be and 

1«ie German _ . - 

Congregatinn they are hereby authorized, to have exposed to public sale the said tract of land, 
pcmtuecTTo wn * c h was originally reserved as a glebe to said church. 

•ell their 

Sec. 2. JLnd be it further enacted, Thai the money arising from the sale of tht> 
said land, shall be paid into the hands of the said Trustees, to and for the use of 
the said Ebenezer Congregation, to be expended and applied as the said congrega- 
te be "ppiiel ti° B * or a majority of them shall determine. 

ABRAHAM JACKSON, Speaker of the House ofReprsssntatwes, 
DAVID EMANUEL, President oftlu Senate. ' 
Assented to, November 26, 1802. 

JOHN MILLEDGE, Govern©*. 

* See another act on the same subject pasted in th« year 1808 — No. 565. 



PASSED IN THE YEAR 1802, as 



AN ACT (No. 52.). 

More effectually to prevent the evil practice of Stabbing. 

E it enacted by the Senate and House of Representatives of the Slate of Georgia, in k^it f 
General Assembly met, and by the authority of the same, That from and immediately starting for- 
after the passing of this act, if any person or persons shall be guilty of the act of fence. 
stabbing, any person or persons, excepting in their own defence, within the limits of 
this State, with a sword, dirk, knife, or any other instrument of the like kind; for 
the first offence, upon conviction thereof, shall be subject to a fine of Five Hundred 
Dollars, and also confined in the common goal of the county wherein said crime shall 
have been committed, for a time not exceeding sixty days, nor less than forty days. 

Sec. 2. Jind be it further enacted by the authority aforesaid, That if any person the second oi> 
or persons, shall be convicted a second time for the like offence, he shall forfeit and pay fence 
the sum of One Thousand Dollars, and be confined in the common goal not exceeding 
six months nor less than three months, and shall not be entitled to vote at the general 
elections, nor to hold any post of profit, honor, or trust within this State, for the term 
of three years. Provided nevertheless, That if any person or persons shall be guilty of 
any of the aforesaid crimes, so as to affect the life of any person or persons ; every snch 
person or persons on conviction thereof, except as above excepted, shall suffer death 
without the benefit of clergy: any law to the contrary notwithstanding. 

Sec. 3, Be it further enacted by the authority aforesaid, That one moiety of all 
fines which shall be imposed, pursuant to this act, shall be subject to the disposition of 
the inferior courts of the respective counties, in which such crimes shall be committed, of the lines, 
for the use and benefit of the county, and the other moiety thereof, shall be for the use 
and benefit of the prosecutor. 

ABRAHAM JACKSON, Speaker of the House of Representatives. 

DAVID EMANUEL, President of the Senate, 

Assented to, November 26, 1802, 

JOHN MILLEDGE, Governor. 



«6 LAWS OF GEORGIA, 



.tffifi- 



W°' °ty AN ACT" 

Pur making Permanent the scat of the Public Buildings? in the county of Mcintosh 



When the 
"qws-s in said §>EC, 1, 



*unty"r?to JLJEit enacted by the Senate and House of Representatives of the 

»e holder State of Georgia in General Assembly met, and it is hereby enacted by the authority 

of the same, That the place for holding the courts in M'Intosh eounty, shall be at Sap- 

elo Bridge, on the spot designated by the commissioners appointed for that purpose. 

Sec. 2. And be it further enacted by the authority aforesaid, That the judges of the 

Inferior court T „. J. i-V > ' 

authorized to interior court of said county, are hereby authorized to purchase the land for that purpose^ 
piw as?e tie am ] rece i ve titles therefor, to and for the use of the said county : — Provided nevertheless. 

That the said land is to be purchased out of the county funds, and not to exceed five* 

acres. 

ABRAHAM JACKSON, Speaker of the House of Uepresmiatms, 
DAVID EMANUEL, President of the Senate 
Assented to, November 26, l SOS- 
JOHN MIIXEDGE, Governor, 



r«. fifc) AN ACT' 

To authorize certain commissioners therein named to establish a lottery, for the put* 
pose of raising the sum of Three Thousand Dollars, to be appropriated to clearing: 
out and improving the navigation of the Ogechee and Canuchee rivers^ 



HEBE AS it appears essential to the interest and convenience of the citizens of 
/Presiiitie. this State, residing on and near the waters of Ogechee and Canuchee rivers, that the 
navigation of said rivers be improved, by which means the produce and lumber of those 
parts, may be conveyed with more ease to market, 

Sec. 1, BE it enacted by the Senate and House of 'Representatives in General Assent* 

towed to im- bly met, and by the authority of the same, That it shall and may be lawful for the 

v^atlonofo- coTOnussiraCT 9 hereinafter named, to establish a lottery within one year after the passing 

gechee & Ca- G f this act, to raise the sum of Three Thousand Dollars, under such scheme and regu- 
»>tchee rivers. . 

lationsj as they or a majority of them may deem necessary and proper, to carry into 



PA^SEB IN THE YEAB 189t< 



67 



effect the above recited object; the one equal half of said sum to be applied for the use 
«fOgechee river, from Paramour's Bluff to its junction with Canuchee river, and the 
other half to be applied to the use of Canuchee river, from the mouth of Lott's creek, to 
its junction with Ogeehee river, in such way and manner as said commissioners may 
direct. 



(No. 54,| 



Monies h** 
applied. 



Sec. 2. And be it further enacted, That Clement Lanier, Louis Lanier, James Bird, CommiS?i(>ftn 
Samuel Smith, Elias Cassells, JolmM<Cali, and Jesse M<CalI, be, and they are hereby ers appointed, 
jappointed commissioners, to carry the aforesaid lottery into full effect. 

Sec. 3, And be it further enacted, That the said Ogeehee and Canuchee rivers, shall SaIdrIrerg4 
he deemed and considered navigable rivers, and under the protection of the same laws as declared nay- 

** o ijjaWe riverSi-, 

4>ther navigable rivers within this State. 

ABRAHAM JACKSON, Speaker of the House of Representatives* 

DAVID EMANUEL, President of the Senate. 
.Assented to, November 26, 1802, ' 

JOHN MILLEDGE, Governor 



AN ACT 

To enable the Corporation of Savannah, to collect certain fines rested in them by 
lazvs and to lay a tax on all Vendue Masters in the said city, and to protect per- 
sons confined in Jail. 

IT HERE AS all fines of the courts in the county of Chatham, arc by law ordered 
to be paid to the corporation of the city of Savannah, as commissioners of the court-house 
and jail, and many difficulties arise in collecting the same. 

Sec 1. NOW therefore be it enacted by tlw Senate and House of Representatives of the 
State of Georgia, in General Assembly met, and by the authority of the same, That at the 
request of the recorder of the said city, the clerk of the courts shall issue executions for 
all the fines due : and the Sheriff shall immediately proceed to levy and sell, and pay the 
money over to the recorder who shall, and he is hereby ordered to discharge the same, 
and all fines shall from and after the passing of this act be paid to the said recorder. 



(Wo. 55.) 



Preamble. 



Fines how t« 
be collected. 



M 






68 



LAWS OF GEORGIA, 



(No. 56.) Sec. 2. Jlnd be it further enacted, That Vendue Masters before they obtain their 
Tax on Vcn- ^ censes » s ^ ia ^ P a J io the Treasurer of the city of Savannah, the sum of one hundred 

slue masters. dollars.* 

Duty of frill-. Sec- 3. And be it further enacted, That from and after the passing of this act, no 
do"n prisoT- jailer, shall put any person into irons, unless he is confined for a capital offence, and it 
crs, unless j s s0 expressed in the warrant. 

they are char- * 

ged eUpitallj, . , 

ABRAHAM JACKSON, Speaker of the House of Representatives* 
DAVID EMANUEL, President of the Senate, 
Assented to, November 26, 1S02. 

JOHN MILLEDGE, Governor* 



(No. 56.) 



Duty of the 
Comptroller- 
General as re- 
spec is sundry 



AN ACT 

To repeal an act further explaining and defining the duties and powers of the Comp^ 
trailer General, passed the fifth day of December, one thousand seven hundred and 
ninety-nine, so far as it respects the outstanding claims of Roderick Easley, Jere« 
miah Russell, Reuben Smith and others* 

Sec 1 W^L 

_0 E it therefore enacted by the Senate and House of Representatives its 

General Assembly met, and by the authority of the same, That it shall and may be law- 
ful for the Comptroller General to take in the outstanding evidences of the claims due 
Roderick Easley, Jeremiah Russell, Reuben Smith, Phill Cooper, Joseph Edmundson, 
William Trammill, and Isham Carr, to wit: — To Roderick Easley, two hundred and 
fifty acres for services as quarter-master, and eight hundred acres for duty as lieutenant, 
and to Jeremiah Russell, Reuben Smith, Phill Cooper, Joseph Edmundson, William 
Trammill, and Isham Carr, six hundred and forty acres each; and to issue to each of 
them the said Roderick Easley, Jeremiah Russell, Reuben Smith, Phill Cooper, Joseph 
Edmundson, William Trammill, and Isham Carr, new evidences agreeably to the mode 
pointed out by an act for calling in the outstanding evidences of the debts due from this 
State, and for issuing new ones in lieu thereof, under proper checks and restrictions, 
passed the second day of February, one thousand seven hundred and ninety-eight. 



* Corporation of Savannah authorized by act of 1803, No. 92, to appoint and license any number they, in their 
discretion, may think proper- 



PASSED IN THE YEAR 1802. 69 



Sec. 2. And be it further enacted by the authority aforesaid, That so much of an (No. 56.) 
act, entitled " an act further explaining and defining* the duties and powers of the Repealing 
Comptroller General/' as militates with this aet, be and the same is hereby repealed. clause. 

ABRAHAM JACKSON, Speaker of the House of Representatives, 

DAVID EMANUEL,, President of the Senate. 

Assented to, November 26, ±802, 

JOHN MILLED GE, Governor* 



AN ACT 

To establish a road from Savannah to Neiv-Lepiford, and to raise money for the 
purpose of making and improving the same. 



(No. 57.) 



M 



HEREAS it appears essential to the interest of the inhabitants of Savannah, that Preamble, 
the communication between that city and Five Fathom Hole, should be improved. 

Sec. l.BE it therefore enacted by the Senate and House of Representatives of the State To open a 

of Georgia, in General Assembly met, That a road be established as a public one, to r ?| ld £ r01 ? r the 

commence where the new road of Nichol Turnbull leads out of the Skidaway road, down Deptford. 
to New-Deptford; and that Nichol Turnbull, Edward Harden, John G. Williamson, 

Joseph Bryan, and William Smith, be commissioners to open and work upon such parts e S P appokrteS 
of the said road as are not open, and to keep in repair the whole. 

Sec. 2, And be it further enacted, That it shall and may be lawful for the persons 
herein after named, to establish a lottery, within three years after the passing of this improve " V said 
act, to raise the sum of ten thousand dollars, under such schemes and regulations as they 
may think fit and proper, to enable the commissioners to open and improve the said road. 



road. 



Sec. 3. And he it further enacted, That George Jones, Robert Mitchell and I. S. 
De Montmollin, be, and they are hereby appointed managers to carry the said lottery e^TnSe"/" 

into effect* appointed. 

ABRAHAM JACKSON, Speaker of the House of Representatives. 
DAVID EMANUEL, President of the Senate, 
Assented to, November 26, 1802. 

JOHN MILLEDGE, Governor. 



$> 



LAWS OF GEORGIA, 



(No,. 



AN ACT* 



To amend an act, entitled « An Act to alter and amend an act to empower the Infe- 
rior Courts of the several counties in this State, to order the laying out tlie public 
roads, and to order the building and keeping in repair tliG public bridges," so far 
as respects the counties of Camden and Clmtham, 



HEREAS It is found extremely inconvenient, and in many instances impracticable 
Preamble. ^ or the inhabitants situated upon islands and peninsulas, to send their hands across dan- 
gerous sounds, and morass marshes, to the extreme parts of particular counties, for th* 
purpose of working upon the roads : And whereas, it is found by experience that much 
time is therefore lost in going to and coming from the same, to the injury both of indi- 
viduals and the public, for remedy whereof. 



Sec. 1. BE it tlwrefore enacted by the Senate and House of Representatives of the 

tolcvv Vias State of Georgia, in General Assembly met, and by the authority of the same, Thafc 

xii i Camden & f j immediately after the passing of this act, it shall be the duty of the Inferior 

repair roads courts of the counties of Camden and Chatham, to levy a tax not exceeding one fourth 

part of the general tax, to be collected in the same manner that other county taxes are 

collected and to be annually appropriated to the use of opening and keeping in repair the 

public roads. 



th 



Sec. 2. And be it further enacted, That the aforesaid court or courts, shall let af 
Boads "to be public out-cry, such part or parts of such road or roads as aforesaid, to the lowest bid- 
' et -,i°T be re der as they may deem necessary, and to otherwise act as is customary in public busi- 
ness generally. 

Sec. S. And be it further enacted, That the overseers of each road respectively, shall 
inspected by inspect all work that may be let and done upon the aforesaid road or roads, and give a 
overseers. eer tjf ica t e or certificates of their condition to the person or persons contracted with, whieh 
on being found equal to contract by the aforesaid court or courts, he or they shall be en- 
titled to receive the amount of the same out of the monies arising from the tax or taxes 
as aforesaid. 

Sec. 4. And be It further enacted? That all laws or parts of laws so far as respect? 
the aforesaid counties, pointing out any other mode of -working on roads than is hereitt 
contained, be, and the same is hereby repealed. 

ABRAHAM JACKSON, Speaker of the House of Eepreseniaiwes. 
DAVID EMANUEL, President of the Senate, 
Assented to, November 26, 1802. 

JOHN MILLED GE, Governor. 

"This act repealed by act of 1803, No. 12$, Sec. 19. 



Repealing 

clause. 



PASSED IN THE YEAR 1803, 7i 



AN ACT G* * 59 ') 

To incorporate the town of St. Mary, 

HEREAS from the extent and population of the town of St. Mary, its growing PmunMe 
importance, both with respect to increase of inhabitants, and diffusive commerce, it is 
indispensably necessary that many regulations should be made, for the preservation of 
peace and good order within the same : Jtnd tvhereas, from the many weighty and impor- 
tant matters that occupy the attention of the legislature at their general meeting, it has 
hitherto been found inconvenient, and may hereafter become more so, for them to devise^ 
consider, deliberate on, and determine all such laws and regulations as emergencies, or 
the local circumstances of the said town may from time to time require. 

Sec. 1. BE it therefore enacted, That from and immediately after the passing of this 
act, all persons, citizens of the United States, and residing one year within the said town* 
»nd having a freehold or lease for years of a lot within the same, shall be deemed, and p J^ y f»S 
they are hereby declared ttfbe a body corporate and politic; and there shall be an Inten- town named. 
dant and Council for the said town— and they and their successors hereafter to be appoin- 
ted, shall have perpetual succession, and be styled and known by the name of the Inten- 
dantand Council of the town of St. Mary, and shall have a common seal, and be capable interidant & 
in law to purchase, have, hold, receive, enjoy, possess, and retain, to them and their appointed! 
successors, for the use of the town of St. Mary, in perpetuity, or for any term of years 
any estate orestatet, real er personal, messuage, lands, tenements, or hereditaments of 
Whatever nature or kind soever, within the limits of the said town; and to sell, alien, Tbch- duties 
exchange or lease the same, or any part thereof as they shall think proper ; and by the a ^ privifcd- 
same name to sue and be sued, implead and be impleaded, answer and be answered 
auto, in any court of law or equity in this State. 

And they shall also be vested with full power and authority, from time to time, 
tinder their common seal; to make and establish such bye-laws, rules and ordinances, 
respecting the harbor, streets, public buildings, work houses, markets, wharves, public To make bye 
houses, carriages, waggons, carts, drays, pumps, buckets, fire engines, the care of the 
poor, appoint a harbour-master and health officer, the regulation of disorderly people, 
negroes, and in general, every other bye-law or regulations that shall appear to them re 
quisite and neeessary for the security, welfare and convenience of the said town, or for 
preserving peace, order and good government within the same | and the said Intend ant 
and council shall also be vested with full power and authority to niake> such assessments 
*>n the inhabitants of the said town 01* those who hold taxable property within the same 
for the safety, benefit, convenience and advantage of the said town as shall appeal' to 
them expedient, and to affix and levy fines for all offences committed against the bye- 
laws of the said town, and they are hereby authorized to appoint a clerk, 'treasurer, 
l&ealth officer, harbour master, fire master, marshal, constables, and all r.uch other oi- 



laws, 



rs 



LAWS OF GEORGIA, 



(No. 59.) ficers, (affixing the salaries and fees of such officers respectively) as shall appear to them 
requisite and necessary for carrying into effectual execution all the bye-laws, rules and 
ordinances they may make for the good order and government of the said town, and the 
Taxes by persons residing therein. Provided, that nothing herein contained, shall authorize the 
them imposed sa - 1( i Inteiidant and council to make any bye-laws, repugnant to the constitution or laws 
of the land. And provided also, that the bye-laws, rules and ordinances they may make 
shall at all times, be subject to the revisal, alteration or repeal of the legislature. 

Sec. 2. He it further enacted, That any two justices of the peace, for the county 

The number of ^ am ^ en - slia11 within six months after the passing of this act, give ten days public 

of the couucil notice in two or more public places in the said town of St. Mary, that four members are 

and how ap- . 

pointed, to be chosen to constitute the council for the said town, and which said four members of 

*he council shall have the same qualifications as members of the State legislature, and 
also the qualifications of electors, and that all free white persons, being citizens of the 
United States, and residing one year within the said town, and having a freehold or lease 
for years of a lot therein as aforesaid, shall be entitled to vote for four members to form 
the council aforesaid ; and they shall also notify the time and place, when and where the 
election is to be held, and shall superintend the same, or appoint proper persons so to do ; 
and the superintendants when the election is closed, shall give notice to the several per- 
sons of their appointments respectively, and summon them to meet together at any time 
To take an and place within three days after their election, for the purpose of taking the oath of 
office prescribed by this law, which oath may be administered by any justice of the peace, 
or by one of the members so chosen to another: Provided, three be present at the time 
of administering the same, and shall be in the words following :— J, A. B. do solemnly 
swear that I will to the utmost of my power support, advance, protect and defend the 
good order, peace and welfare, of the town of St. Mary and its inhabitants, and will 
faithfully demean myself in the office of Intendant, (or member of the council as the case 
may be) for the said town, according to the bye-laws and regulations thereof, to the best 
of my skill and judgment, and that I will support the constitution of this State, and the 
constitution of the United States* 



oath 



The oath. 



Sec. 3. Be it further enacted, That when three or more of the said members shall 
The intend- ] iavc me t aiK i qualified as aforesaid, they shall within three days after such their qualili- 

ant how ap- * t 

pointed. cation, give five days public notice that an Intendant of the said town is to be chosen by 

the members of the said council, either from among their own body or the citizens of the 
said town, possessing the qualifications of a member as aforesaid, and at the time mentioned 
in such notice, the said members shall meet at some public place in the said town, and 
vote for such Intendant. And when such Intendant shall be chosen, he shall take the oath 
above inserted, in the presence of any two or more of the members after which he may 
qualify sueh members as were not before qualified ; and if any member, should be chosen 
J of aidant, he together with the members, shall fill up such vacancy. 



PASSED IN THE YEAR ±802. 



And the said Intendant shall and may, as often as occasion may require, summon the (No. 59.) 
members to meet together in council, any two of whom with the Intendant* shall be com- H isduty to- 
petent to proceed to business. fh e council, * 

Immediately after the board is completed, the council shall be divided into two classes. 
The seats of the first class, shall be vacated on the first Monday in May, 1804, which 
shall be considered as the expiration of the first year, and the seats of the second class, at 
the expiration of the second year, so that two members may be chosen annually. 

The Intendant shall hold his office for two years, and in case of death, resignation,, 
removal, refusal or disability of the Intendant, or any of the members, the Vacancy shall 
be filled up in the manner already prescribed. 

The annual elections shall be held on the first Monday in May. 

Sec. 4. Jlnd be it further enacted. That the Intendant and members of the said 

FurtliPi* dii = 

couneil, shall each of them have full power and authority, and they are hereby required to ties of the in- 
keep peace and good order within the said town, to issue warrants, and cause all offen- ^^i and 
ders to be brought before them, and on examination either to release, admit to bail, if the 
offence be bailable, or commit to the custody of the Sheriff of the county of Camden, who 
is hereby authorized and commanded to receive the same, and the same to keep in safe v , 
custody until discharged by due course of law, and the said Intendant and every of the the powers of 
members of the said couneil for the time being, shall be vested with all the powers peace in said 
and authorities that justices of the peace are vested with by the laws of this State, and town * 
shall and may exercise the same in every part ef the said town for the preservation of 
the peace and good order thereof*. 

Sec. 5. Jlnd he it further enacted, That it shall and may be law&d for the said In- 
tendant and Council, and they are hereby empowered at any time after the passing of this gh u be 
act, to hold courts once in every month throughout the year, to appoint such officers as CMTt > & sllJl11 
they may think necessary, and to settle and allow reasonable fees, not exceeding one ance of°SasS 
half the fees allowed for like services in the Inferior Courts in suits cognizable therein* SSh**^* : 
and to have jurisdiction of, and to hear and determine all civil causes not involving the 
right or title to any land or real estate arising Avithin the jurisdiction of the corporation* 
so as the demand in such suit or action does not exceed the sum of fifty dollars, and to 

give judgment aud award execution therein according to law Provided, That if any 

party to a suit shall feel him, her or themselves aggrieved by the decision of the 

said courts, it shall and may be lawful for such party to enter an appeal within three lo ^ p d peal al " 

days after such trial, first paying all costs which may have occurred on the said trial, 

and giving sufficient security to abide and perform the sentence of the court at the trial of 



7* LAWS OF GEORGIA, 



(No. 59.) the appeal and all appeals from the decision of the said courts, shall be tried on the next 
succeeding court day, after such trial by a jury of seven men, whose verdict shall be final. 

May hold to Sec « 6 - & 1ul oe it fur titer enacted, That the said Intendant and council shall have 

bail, draw ju- (] ie jjj- e p 0wer a nd authority to hold to bail for debts within then* jurisdiction, and under 
rors, &c. " 

like restrictions as pointed out for the Superior and Inferior courts, and shall have power 

to draw, and impannel jurors for the trial of appeals; who shall be resident within their 
jurisdiction and shall be qualified and liable to serve as petit jurors, to cause them to be 
summoned at least five days before the said court, and to fine them for their non-atten- 
dance or other misconduct, in such manner as they may think proper, not exceeding ten 
dollars ,• and shall have power to award execution for such fines, and cause the goods of 
the person incurring such fines, to be sold by virtue thereof. 

Sec. 7. And be it further enacted, That the said Intendant and council shall, in all 

Are a court •* ' 

of record, per- judicial proceedings, have reference to, and be governed by the laws in force in this State, 
thereoi " K fr"! #> r regulating the judicial proceedings thereof ; and the said court of Intendant and 
iiojn arrest. C0U neil is declared to be a court of record, and any person necessarily going to, being at, 
or returning therefrom, shall be free of arrest on any civil suit. 

Sec. 8. Be it further enacted, That the said Intendant and oouneil be, and they are 
of a( Covr.m°issi- hereby appointed a board of Commissioners of pilotage for the said port of St. Mary, and 
oners of pilot- are hereby invested with full power and authority to appoint any number of pilots they may 
think necessary for said port, and prescribe and establish such rules and regulations as 
they may deem expedient therefor ; which rules and regulations shall be binding on all 
sueh pilots, and those who act under them, and upon all other persons concerned therein* 
any law to the contrary notwithstanding.* 

ABRAHAM JACKSON, Speaker of the House of Representatives. 

DAVID EMANUEL, President of th-e Senate* 

Assented to, November 26, 1802. 

JOHN MILLEDGE, Governor. 



* See act of 1804, No. 142, amending and revising this act. and see act oflSOr, No. 305, also amending it, 
and act x>f 1808, No. 383, still further amendatory. 



PASSED IN THE YEAR 1SQ3. 



AN ACT* (No, 60.) 

To amend an act for keeping open the Oconee Hirer from the Mock landing, to John Bar- 
neWs in the county of Clarke, passed the second day of December, 1801, and to keep 
open the navigation of Great Ogechee River, up to the shoals. 

1. I j E|f enacted hi the Senate and House of Representatives of the Stale of m , „ 

-"*-•' a u ~ " Penalty fo;> 

Georgia, in General Assembly met. That from and after the passing of this act, no per- obstructing 

son or persons, under the penalty of twenty dollars per day, shall dam, stop or obstruct ^ °°^ m 

the Oconee River, from the Rock landing up the main stream thereof, to the confluence 

of the Apalachee ; but the same is hereby declared to be, (at least one third part thereof, 

including the main ehannel) a free passage ; and any person or personswho now has or have 

dams or other obstructions placed in the said river Oconee, contrary to the true intent and 

meaning of this act, and who will not remove the same on or before the first day of Janiu 

»ry next, shall be liable to the same fines as above mentioned. Provided nevertheless, 

That nothing contained in this act, shall be construed to extend to effect any mill-dam or 

clams, other than such as shall have been erected, or may hereafter be erected or extend 

into the said river Oconee, contrary to law. 

Sec. 2. And he it further enacted, That so much of the above recited act, as ope- 
rates against this act, be and the same is hereby repealed. clause. a 

Sec. 3. And he it further enacted, That any person or persons who, after the pass- to prevent 
ing of this act, shall obstruct the main channel of Great Oerechee river, from the shoals J* °]? st ™c- 

° ' tion ot the 

to the mouth thereof, shall be subject and liable to the same fines and penalties as are great Ogechee 
pointed out by, the above act. 

ABRAHAM JACKSON, Speaker of the House of Representatives, 
DAVID EMANUEL, President of the Senate. 
Assented to, November 26, 1802. 

JOHN MTLLEDGE, Governor. 



* See act of 1805, No. 208, incorporating a company to improve the navigation of the Oconee River, up to 
John Bamett's.— See also act of 1810 No. 527, and also act of 1810, No. 545, as to Ogechee, 



76 



LAWS OF GEORGIA, 



(No. 61.) 



Preamble, 



AN ACT 

Pointing oiti a mode for adjusting the claims of the Citizens of this State, against 

the Creek Nation. 



w. 



IIEREAS a number ©f the good citizens of this State, have been plundered of 
property of various kinds, to a very large amount by the Creek Indians at different times 
and places, which they have been called upon to exhibit an account of, to the Executive 
Department, agreeably to a resolution of the General Assembly passed the 17th day of 
June last, in order therefore to have them properly arranged and adjusted, to be demand- 
ed agreeably to the several existing treaties between the United States and the said 
Creek Indians* 



Sec. 1. BE it enacted by the Senate and House of Representatives of the State of 
Manner ©f as- Georgia, in General Assembly met, That it shall be the duty of the Comptroller Gene- 
claims against ral, to examine, all such accounts or claims of the citizens against the Creek nation, 
diaris* eek In *° r property plundered or detained from them by the said Indians, as may be laid before 
him by the Executive within three months from and after the passing of this act, and 
where it shall appear to the satisfaction of the Comptroller, that the property charged 
against the Indians, was actually taken, or is detained by the said Indians, he shall 
attach such valuation thereto as in his judgment shall appear just and reasonable, and 
which would be an equitable compensation for such article or articles between citizen 
and citizen, and after a careful examination of all the several claims or accounts which 
may be referred to him by his Excellency the Governor, within the time herein before 
pointed out, he shall report to the Executive the result of his investigation, and attach 
thereto a schedule of all such claims as he may find provided for by any of the existing 
treaties between the United States and the Creek nation, a schedule ©f all such other 
claims as are not provided for by said treaties, and also such as may be exhibited without 
such proof as will justify their being charged to the Indians or to the United States. 



Governor re- 
quiredto deli- 
ver to the 
Comptroller 
General, all 
claims ag-ainst 
said Indians. 



Sec. 2. Jind be it further enacted by the authority aforesaid, That his Excelleney 
the Governor, be and he is hereby authorized and required, to deliver to the Comptroller 
General, all such claims or demands as are now deposited in the Executive Department 
against the Creek nation, and also all wiiieh may be received within three months from 
and after the passing of this act, 



Sec. 3. Jlnd be it further enacted, That the said Comptroller General shall, pre- 
vious to entering on the duties required by this act, take and subscribe the following 

Comptroller ^ op a ffi rma tion, before his Excellency the Governor, to wit. " I — — , do 

Generals eath * 

ff solemly sAvear (or affirm as the case may be) that I will carefully examine all such 
« claims or accounts against the Creek nation; as may be laid before me by the Executive,, 



PASSED IN THE YEAR ISO*. 



« and such report make thereon as may appear to me just and equitable, agreeable to (fro. 61.) 
to this act— So help me God. 



1C 



Sec. 4. tlncl oe it further enacted by the authority aforesaid, Thai as soon as the afore* Duty of ti 
said Comptroller General shall have made out a schedule, he shall deposit the same with JJjgJJ a "'J 
his Excellency the Governor, whose duty it shall he to lay the same before the next Congress, 
General Assembly, and also transmit a copy to our members in Congress, whose duty it 
shall be to present the same to the general government, and demand compensation for 
all such property as are not provided for by the different existing treaties. 

Sec. 5. And, he itfurtlier enacted by the authority aforesaid. That his Excellency the Governor to 
Governor shall, so soon as the aforesaid Comptroller General shall have furnished him persons to de- 
with a schedule of the property lost as aforesaid, to appoint three persons to repair to the J^jLns pert 
Creek nation, and make demand of all prisoners, negroes and property in conformity to son * a,,cl P 10 
existing treaties : Provided nevertheless, that nothing herein contained, shall extend to, 
or be construed to amount to an assumpsit on the part of this State, or to subject or render 
liable the government thereof, to the payment of any claim or claims, which have been 
er may hereafter be exhibited, under and by virtue of the aforesaid resolution, or this aet.* 

ABRAHAM JACKSON, Speaker of the House of 'Representatives* 

DAVID EMANUEL, President of the Senate, 

Assented to, November 27, 180%* 

JOHN MILLEDGE, Governor, 



perty 



AN ACT 
To apprepriate monies for the political year, 1803, 



Sec. 1. J$ 



i E it enacted by the Senate and House of Representatives of the State of 
Georgia, in General Assembly met, That the salary of the Governor shall be two thou- 
sand dollars per annum— the Secretaries of the Governor, not exceeding two, five hundred officii s. 
dollars each per annum— -the Secretary of State, two hundred dollars per annum— the Sur- 
veyor General, two hundred dollars per annum— the Judges of the Superior Courts, 
fourteen hundred dollars each, per annum' — the Treasurer, twelve hundred dollars per 

* See act of 1803. No. 82, amendatory of this act, and act of 1807, No, 276, repealing this and all former 
Saws and resolutions passed on this subject. 



Salary of the 



LAWS OF GEORGIA, 



pfah 62.) annum — ilie Attorney and two Solicitors General each, one hundred and fifty doDars per 
annum — the Secretary of Senate, three hundred dollars per annum* — the Clerk of the 
House of Representatives, three hundred dollars per annum — the Comptroller General, 
six hundred dollars per annum: — "Which said several sums shall be and they are hereby 
appropriated for their use, to he paid quarterly, by warrant from the Governor on the 
Treasury, out of the taxes to be received for the years 1802 and 1S03, and the sum of 
fifteen thousand dollars, as a contingent fund, subject to the draughts of the Governor, 



Compensation 
oi" the mem- 
bers oft lie Ge- 
neral Assem- 
bly, and their 
officers — ancl 
other appro- 
priations. 



Src. 2. And belt further enacted, That the President of the Senate, and Speaker of 
the House of Representatives, shall have each the sum of four dollars per day, and the 
other members of both branches of the legislature, at and after the rate of three dollars 
per day, for their coming to, attendance on, and returnirag from the same.- — The Secre- 
tary of the Senate and Clerk of the House of Representatives, four dollars per day — two 
engrossing clerks of the House of Representatives, four dollars each per day — two engros- 
sing clerks of the Senate, four dollars each per day — the messenger and doorkeepers of 
both branches of the General Assembly, three dollars each per day — the clerk of the 
House of Representatives and secretary of the Senate, each the sum of fifty dollars, for 
stationary, firewood and other contingent expenses during the present session. — To the 
commissioners of the courthouse and goal of M'Intosh county, four hundred and twenty eight 
dollars, fifty-six and a quarter cents, for the purpose of building a court-house and goal 
in said county, in like manner as has been appropriated for otlier counties. — To the com- 
missioners of the court-house and goal of Tattnall county, four hundred and twenty eight 
dollars, fifty six and a quarter cents, for the purpose of building a court-house and goal 
for said county, in like manner as has been appropriated to other counties ; any law to 
the contrary notwithstanding. — To the Adjutant- General, the sum of three dollars per 
day, while m actual service.-— To the Brigadier-Inspectors and Adjutants, two dollars 
each per day, while in actual service.— -To William Maxwell, four hundred and sixty six 
dollars, eighteen and three quarter cents, as a gratuity to Thomas Maxwell, for his ser- 
vices in the Georgia line.- — To Thomas Porter, four hundred and sixty six dollars, eigh- 
teen and three quarter cents, for a gratuity as an officer in the Georgia line. — To Bear 
jamin Porter, four hundred and sixty six dollars, eighteen and three quarter cents, for 
his gratuity as an officer in the Georgia line. Provided, That each person receiving the 
said gratuity, shall give bond and security to the Executive, to refund the said sums, in. 
case it should hereafter appear that the same had been previously paid. — To William 
Kelly, the sum of ninety four dollars, fifty^seven eents. — To John Briseo, the sum of seven 
dollars and eighty one cents, for money overpaid by the said Briseo, for taxes of the 
year 1799.—- To Edmund B. Jenkins, as clerk to the committee on finance, the sum of 
thirty-five dollars*— To John Hammill, as clerk to the eommittee on the state of the repub- 
lic, the sum of twenty-five dollars; which said several sums shall be paid out of any 
monies now in, or which may hereafter come into the Treasury from the payment of 
1 axes.- — To John Green, and John Buford, the sum of one hundred aud twenty-five dollars^ 
sixty-eight and three fourth cents, agreeably to a concurred resolution.— To Richard 



PASSED IN THE YEAR 1802. 7» 



Weatherford, an invalid soldier, the sum of fifty dollars.— To Mrs. A. Jones, widow and (K». &%% 
relict of James Jones, an invalid soldier, deceased, the sum of fifty dollars, as a temporary 
support for her self and children To Daniel Buckstine, twenty dollars, in full of a Gov- 
ernor's warrant agreeably to a joint resolution of both houses, at their last meeting. To 
John Cobbs, esquire, the sum of four thousand five hundred and fifty one dollars, forty- 
two and three fourth cents, from which the Treasurer shall first deduct and retain the sum 
of two thousand seven hundred and fifty-six dollars, ninety-nine cents, it being the amount 
<uf monies due the State by the said John Cobbs, which doth appear by his bond bearing 
date the first of February 1799. — And the sum of fifty dollars be appropriated to the use 
of James Bynum, as a compensation for expense in defending a suit commenced against him 
as tax collector of Hancock county, for discharging the duties of his office. — To Patrick 
M< Griff, esquire, the sum of thirty-eight dollars, twelve and a half cents, for his services 
as jailor of Montgomery county, in safe keeping the person of Aaron Bo wen, a murderer 
from the county of Tattnall, in as much as the county of Tattnall, hath not heretofore 
been sufficiently organized to levy a tax for that purpose. — The sum of five hundred dol- 
lars to be paid out of the contingent fund for the payment of house rent, cce. for the use 
of the Executive. — To Thomas Polhill, twenty-six dollars, eigbty-six cents, being so 
much recovered from him by the Post Master General, in the Federal court for stopping 
the stage in conformity to the proclamation of his Excellency James Jackson. — To the 
counties of Clarke and Jackson, the sum of four hundred and twenty-eight dollars, fifty- 
six and a quarter cents ; the one moiety of the said sum to be drawn by the commissioners 
of the court-house and jail in the county of Clarke, the other moiety to be drawn hy the 
commissioners of the court-house and jail in the county of Jackson, for the purpose of erec- 
ting court-houses and jails in said counties. 

Sec. 3. And be it further enacted. That the sum of five thousand dollars, be and the Sooo do]lars 
same is hereby appropriated as a loan to the Trustees of the University, in aid of the funds Ip^a to the 
of the said institution, for erecting the collegiate buildings, the said trustees first giving University. 
bond with security to be approved by his Excellency the Governor, to return the said sum 
©f money into the public treasury, within five years with lawful interest thereon. Provid- 
ed, That the Trustees of the said University shall previous to receiving the said money, 
or any part thereof, cause to be deposited in the Executive office, a full, complete and 
unconditional relinquishment from Daniel Easley, of all claims or title whatever to the 
lands conveyed by him to John Milledge, esq. for the use and benefit of the University of 
this State, against him the said Daniel Easley, his heirs, executors, and administrators, 
forever. 

ABRAHAM JACKSON, Speaker of the House of Mcpr&miaiives. 

DAVID EMANUEL, President of the Senate. 
Assented to, November 27, 1802. 

JOHN MILLEDGE, Governor. 



80 



LAWS OF GEORGIA, 



(No. 63.) 



AN ACT* 



Preamble. 



For the more effectually keeping open the River Savannah. 

HERE AS the keeping open the River Savannah, is of the greatest importance to 
the citizens of the hack country, as welL in consequence of navigation, as the advantages 
resulting to the citizens generally, by having an annual supply of fish therefrom, And 
whereas, many persons on the said river, have so obstructed the passage of boats by dams, 
as to render it highly injurious to commerce, and almost totally prevented the fish from 
getting up the same. 



Unlawful to 
place obstruc- 
tions in said 
river. 



Sec. 1. BE it enacted by the Senate and House of Representatives of the State of 
Georgia, in General Assembly met, That from and after the passing of this act, it shall 
not he lawful for any person or persons to dam, stop, or obstruct the river Savannah, 
from the city of Augusta to the junction of the rivers Tugalo and Keowee, and from 
} hence up the Tugalo river to Hattan's ford ; hut that the one third part of the said river, 
including the main sluice, is hereby declared to remain and continue open for a free 
passage. 



obstructions Sec. 2. And be it further enacted, That any person or persons who now have dams, or 
' ,Jtr te]rijved other obstructions placed in the said river Savannah, between the city of Augusta and 

Hattan's ford on Tugalo river, contrary to the true intent and meaning of this act, shall 

remove the same on or before the first day of January next., 

Pei alt f 20 ® EC * 3 * JL 1ia ~be it further enacted, That if any person or persons shall, in violation of 
dollars perday this act, either build dams, or otherwise obstruct the said passage, or fail to remove those 
ing said river, already made, shall be subject to a penalty of twenty dollars per day, for every day they 
may remain after the time prescribed by this act,. 

Sec. 4. And be it further enacted, That it shall be the duty of any justice of the peace, 
jurisdiction j w kose district such offence or offences may be committed, to issue his warrant upon his 

given to justi- _ * 

ces of the own knowledge, or information on oath of any free white person, commanding such offen- 
iect the above der or offenders to be brought before him within ten days, to answer to. the charge alledg. 
penalty. ^ against him or them, and such justice shall issue his subpoena, commanding the 

attendance of such witness or witnesses, as may be thought necessary to establish or defend 
the said charge or charges, who shall be subject to all the pains and penalties for non- 
attendance, or refusing to answer on oath, such questions as may be asked him or them 
as is customary in justices courts, for the collection of small debts, and, if upon examin- 
ation, it should appear that such offender or offenders is or are guilty of any breach of this 
act, it shall be the duty of such justice, to enter up separate judgments againt such offen- 

* See act* of 1809, No. 469 on this subject, so far as respects the counties of Richmond, Columbia, Lincoln, 
Elbgrt and Franklin, and as far as the mouth of Tugalo and Keowee rivers. — See act of 1810, No. 505, respecting 
so much of this river as bounds Franklin county. 



PASSED IN THE YEAR 180£. Si 



der so concerned, for the sura of twenty dollars and costs, for each and every day that (No. 62S) 
such obstructions shall have continued, and the said justice shall forthwith, issue execu- 
tion on the said judgment or judgments so entered up, which shall be levied on the goods 
and chattels, lands and tenements of such offender or offenders, and sold agreeably to the 
law regulating constables sales ; and in case the offender or offenders should prove insol- 
vent, it shall be the duty of the justice or justices, who shall preside at the trial of such, 
offender or offenders, to issue a capias ad satisfaciendum, against the body of such 
offender or offenders, and commit him or them to the common jail of the county where 
such offence may be committed, there to remain for the space of twenty days for each 
offence so committed ; and provided there shall be no goal in the county where such 
offence may be committed, then, and in that case, it shall be lawful for the justices 
aforesaid, to commit the said offender or offenders, to the common jail of the next adja- the penalty to 
cent county, and the money arising from such fiue or fines, shall be paid into the hands ^ c t T °. t !. le pro " 
of such justice of the peace, who shall pay one half thereof to the informer, for his own 
proper use, and the remaining moiety shall be paid by the said justice, to the clerk of the 
Inferior eourt of the county in which he resides, which shall be considered as a part of 
the county funds, and appropriated accordingly* 



Sec. 5. And be it further enacted by the authority aforesaid, That if any justice of 

the peace shall, in manner aforesaid, offend against this act, it shall be lawful for him , What to be 

done with a 
or them, to be sued or prosecuted in any one 01 the adjoining districts. And the same justicewhoof- 

fees shall be levied and collected for services performed under this act, as are allowed for thislcv*^ 

Hike services injustices courts. 

ABRAHAM JACKSON, Speaker of the House of MqrresenUdwes, 
DAYIB EMANUEL* President of the Senate. 
Assented to, December l, ±802. 

JOHN MILLEDGE, Governor. 



8$ LAWS OF GEORGIA, 



(No. 6i.) AN ACT - 

To extend the time for the renewal of certain audited certificates of the State of Gcor* 
gia, therein designated, to the executors of the last will and testament of Commodore 
Oliver Bowen. deceased, John Thompson, and Evan Ragland. 

Preamble. 



HEREAS it appearing that Commodore Oliver Bowen, deceased, had at the time 
of disease, in his possession, and in his own name and right, a certain voucher of deht 
from the State of Georgia, to the said Oliver, in the words and figures following, to wit: 

STATE OF GEORGIA, TREASURER'S OFFICE. 

Louisville, November 30, 1799. 

No. 56. THESE are therefore to certify, that the State of Georgia is justly indebted 
to Commodore Oliver Bowen, or bearer, the sum of three hundred and ninety-two dol- 
lars and fifty cents, which said sum will be received in payment of any purchases made 
of confiscated or reverted property that may have been sold agreeable to laAV or otherwise 
provided for by the Legislature. 

(Signed) JOHN BERRIEN, Treasurer, 

And whereas, it further appears that the said Oliver Bowen was not apprised in his 
life-time, or the executors of his last Will and Testament, to wit: — Jabez Bowen, sen'r. 
and Jabez Bowen, jun'r. after his disease, that there was an act passed by the legislature 
o? Georgia, entitled " an act further explaining and defining the duties and powers of 
the Comptroller General," passed the fifth day of December, one thousand seven hun- 
dred and ninety-nine, whereby all certificates of outstanding debts of the State of Georgia, 
were required to be renewed in the Comptroller General's office, and by him to be 
renewed, and certificates aforesaid not being renewed within two years from and after 
passing said act as aforesaid, should be deemed fraudulent, and be forever barred. 

And whereas the before recited act, appears to have been intended to prevent frauds 
being practiced on the State.— And whereas it appears oppressive and unjust to deprive a 
.citizen of his just right. 

Time of re- 
newing- a cer- Sec. 1, BE it llierefore enacted hy the Senate and House of Representatives of the State 

ccrtificateto of Georgia, in General Assembly met, and hu the authority of the same, That the time of 

Oliver Bowen, 1>enew i n o. n ic certificate in the before recited act, shall be extended to Jabez Bowen sen'r 

extended. ~ 

and Jabez Bowen, jun. executors of the last Will and Testament of Commodore Oliver 
Bowen, deceased, for the space of three months, and on the representatives of the said 
Commodore Oliver Bowen, deceased, presenting the original certificate* 11 in this act, 
designated in three months ^rom the passing of this act the Comptroller General shall 
renew the before recited certificate, any aets or parts of acts, to the contrary notwithstanding" 



PASSED' IN THE YEAR J.802. 33 



Secv 2. Be it further enacted, That an audited certificate, signed John W T ereat, (No. 6*.) 
Auditor, dated Augusta, the thirty-first of October, 1789, for one pound thirteen shil- To ^. 
lines, to John Gray : an audited certificate signed Abraham Jones, Auditor, dated persons exten. 
Deceinber the twenty-fourth, 179*, No. 237, for three pounds four shillings and six pence, newed in fa- 
to Isaac Underwood; an audited certificate signed John Wereat, Auditor,, dated Augusta, sonSaghnd" 
the thirty-first of October, 1789, for four pounds eight shillings, to James Moore ; an 
audited certificate signed John Wereat, Auditor, dated Augusta, the fifteenth of March, 
1786, for six pounds fourteen shillings and eight pence, to Thomas Hammon ; an audi- 
ted certificate signed Abraham. Jones, Auditor, dated December the thirteenth, 1793, 
No. 6, for seven pounds sixteen shillings and five pence, to John Walton ; an audited cer- 
tificate signed John Wereat, Auditor, dated Augusta, the sixth of February, 1790, for 
twenty-two pounds eight shillings, to John Glenn; an audited certificate signed Abraham 
Jones, Auditor, dated October the eighth, 179$, No. Ii5, for fifty four pounds eight 
shillings, in favor of John Giles ; an audited certificate signed John Wereat, Auditor, 
dated Augusta, the sixteenth of February, 1790, for fifty-five pounds eight shillings and 
sixpence, given Oaia Bradford; an audited certificate signed Abraham Jones, Auditor, 
dated December the sixteenth, 1795, No. 387. for two hundred and thirty-nine dollars 
and forty cents, given to David Hillhouse ; an audited certificate signed John Wereat, 
Auditor, dated Augusta, the sixth of December, 1792, for one hundred pounds, given to 
Elijah Clark ; an audited certificate signed John Wereat, Auditor, dated Augusta, the 
icnth of December, 1793, for four hundred pounds, given Messrs. Owen and Thompson; 
shall be renewed in favor of John Thompson ; and also an audited certificate, Louisville, 
No. 25, dated the eighteenth of May, 1796, to Col. James Stagings, for the sum of four 
hundred and fifty dollars, signed John Berrien, Treasurer, shall be renewed in favor of 
Evan Ragland, by the Comptroller General, in the same manner as other audited certi- 
ficates have been heretofore renewed ; and on the Comptroller General being satisfied that 
the. said audited certificates are genuine, any law to the contrary notwithstanding. 

ABRAHAM JACKSON, Speaker of the House of * Representatives- 
DAYID EMANUEL, F resident of the Senate, 
Assented to, December 1, 1802, 

JOHN MILLED GE, Governor.. 



AN ACT (No, 65'.) 

To divorce Jacob Bieller and Mary his wife* 

JlBE it enacted by the Senate and House of Representatives of the State of Marriage con- 

deorgia, in General Assembly met and by the authority of the same, That from and immediate- tvR f 8et „ as i de 
,„_,,, „,. . , . , and anulled. 

ly alter the passing oi this act, the matrimonial connection, or civil contract of marriage, 



3& LAWS OF GEORGIA, 



(No. 65.°) made between the said Jacob Bieller, and Mary his wife, formerly Mary Nuffer, shall 
he completely annulled, and set aside and dissolred, as fully and effectually, to all intents 
and purposes, as if no such contract had ever heretofore been made and entered into 
between them. 

Sec. 2. Jlnd be it further enacted, That all proporty real and personal, not by him or 

P VeT bfV - * ier so ^ ol °therwise disposed of, which the said Jacob Bieller received with, or acquired 

to be restored fey, or in virtue of this union or marriage with the said Mary, shall henceforth (with the 

cent. addition of two hundred per cent, thereon) be considered as restored to her the said Mary, 

and the said property is hereby declared to he completely, fully and absolutely, to all 

legal intents, vested in, and confirmed unto her, her heirs, executors, administrators 

and assigns forever. 

Sec. 5. Jbid be it further enacted, That the said Mary Bieller* is hereby declared a 
fem e soie Cla ind ^ em 5 °* e > and she shall not in future be allowed on any pretence whatever, to charge the 

forever baned 8a id Jacob Bieller, his heirs, executors, or administrators, or his or their estate, with, 

of any relief . ... 

from him. any debts or dues of her contracting, or with actions of or tor damages, for or by reason 
of trespasses, or damages whatever, which shall hereafter be committed or done fey^the 
said Mary Bieller, and shall not be entitled to dower of cr in the estate of the said Ja>iob 
Bieller, but shall be considered and held as barred, and as having forfeited the same. 

Sec 4*. And be it further enacted by the authority aforesaid, That the said Jacob 
and° d* m -d Bieller, and Mary, in future, shall be deemed and considered as distinct and separate 
seperate per- persons, altogether unconnected by any mistical union or civil contract whatever hereto- 
fore entered into between them. 

ABRAHAM JACKSON, Speakei* of the Mouse of Representatives. 

DAVID EMANUEL, President of the Senate 

Assented to, November 27, 1802. 

JOHN MILLEDGE, Governor. 



PASSED IN THE YEAH 1802. 



AN ACT ( No - 6Q -) 



For the improvement of tin navigation of the Oconee and Alaiamaha, rivers, from 

Montpeliier to Darien. 



erfc 



Sec. 1. Jg E .| mac t e( i D y tfw Senate and House cf Representatives of the State of Georgia, 

in General Assembly met, and by the authority of the same, That from and after the work oa Ea ;i 

passing of this act, all persons liable to work on the public reads residing in the Captain's m 

district adjoining the Oconee and Alatamaha livers, from Montpeliier to Barien, shall 

work on the said rivers, for the improvement of the navigation thereof, at such times as 

the commissioners hereafter named shall direct, not exceeding five days in a year* 



Persona refa- 



Sec. 3. And be it further enacted by the authority aforesaid, That if any person 
or persons, so liable to work on the said rivers, or owners of slaves to send them* shall s'ijjj or nc&Iee 
neglect or refuse to work (not having a resonable excuse) after having five days notice for a kaU be.fk£d! 
that purpose, and to bring with him or them, such tool or tools as the commissioners shall 
require, shall be fined in a sum not exceeding two dollars for each day so neglecting or 
refusing; to be recovered before any justice of the peace in the Captain's district wherein 
such delinquent shall reside. Provided, such time of notice does not happen when persons Fbes how re- 
liable to work on public roads shall be called to work thereon ; and all fines so recovered, 
shall be applied by the commissioners respectively to the use of clearing out the said rivers* 



pJkd, 



Sec. 3. . And be it further enacted, That the commissioners after named and their 

" Commission- 

successors respectively, be and they are hereby authorized and required, to appoint each ers to appoint 

one an overseer in his district, and that the epmmissioners and their successors, and also 3f tetSTi* 

the overseers so appointed, shall respectively before he enters on the duties required of 0itl1 * 

him by this act, take an oath before some justice of the peace of the county wherein he 

resides, for the faithful discharge thereof. 

Sec. 4. And be it further enacted, That it shall be, and It is hereby made the duty 
of the Inferior courts of the respective counties adjoining the said rivers, within the Irfc 
aforesaid limits, in case any vacancy or vacancies shall happen of any commissioner or t?^™fl| 
commissioners in any manner whatever, to appoint a commissioner or commissioners to fill *jj*j$££. 
such vacancy or vacancies. 



Sec. 5. And be it further enacted, That the limits on the said rivers for working 
thereon shall be in districts, and the commissioners thereto as follows, to wit '• John Miles C6»imtikUml 
commissioner for Montpeliier, to the line dividing the counties of Hancock and Washing' S5| 
ton, Francis Boykin from the said dividing line to the White Blufi; Reed Bupree from W 
the White Bluff to the mouth of Buffaioe Creek, Robert Glenn from the mouth of Buffa- 
loe Creek, to the mouth of Deep Creek, Elijah Blackshear from the mouth of Deep 
Creek, to the line dividing the eounties of Washington and Montgomery, SamueJ 



86 LAWS OF GEORGIA, 



(No. 66.) Harrison, from the said dividing line to the Rock Spring, Peter Mereer from the Rock 
Spring, to BerryhilFs Bluff, James Blanchaid from Berryhill's Bluff to Silver Bluff, 
Thomas Raines from Silver Bluff to Stallings's Bluff, George Wyche from Silver Bluff to 
Foard's Shoal, Short Long from Foard's Shoal to the junction of the Oconee and Oak- 
mulgee rivers, Asa Travis, from the said junction to Milligan's Bluff, John Swilly from 
Milligan's Bluff to the mouth of the Ohoopie, Shadrach Stanley from the mouth of the 
Ohoopie to Beard's Bluff, Martin Harden from Beard's Bluff 10 the lower end of Osw ell's 
cut, Riehard Bryant from the lower end of ©swell's cut to the mouth of Pinhallaway, 
Joha Johnson from the mouth of Pinhallaway to Barien, 

Sec. G. And be it further enacted. That any person or persons who shall obstruct 
Penalty for ^ ie navigation of the said river by dams, shall forfeit anlray the sum often dollars per day 
thesuidriveis for every day so stopped, or felling trees therein, for every tree so felled, the sum of five 
dollars, to be recovered before any justice of the peace of the county adjoining such 
obstruction, to be entered up in separate judgments, the one half to be applied by the 
commissioners to the use of cleaning out the said rivers, and the other half to the use of 
any informer who shall prosecute an action thereon to effect. 

Sec. 7. And be it further enacted. That an act passed the fifth of December, one- 
Repealing' thousand eight hundred and one, for the improvement of the navigation of the Oconee and 
Alat amah a rivers, from Mouipellier to Darien, be and the same is hereby repealed. 

ABRAHAM JACKSON, Speaker of the House of Representative 

DAVID EMANUEL, Vreshlent of the Senate. 
Assented to, December 1, 1802, 

JOHN MILLED GE, Goyeektoh. 



clause 



(!No. 67.) 



AN ACT 

To raise a tax for the support of government, for the year one thousand eight 

hundred and three. 

JLiE it enacted by the Senate and House of Representatives, of the State of Georgia 
in General Assembly met, That the tax act of eighteen hundred and two, shall be and the 
1802, re-enact same is hereby revived, re-enacted and continued as the tax act for the year eighteen hun- 
-with* exeep"-' ^ m ^ and three 5 with the exceptions following, that is to say : — That the third sectiou 
tions. thereof, which respects a tax on suits, shall only extend to suits where the debt or dam- 



Tax act of 



PASSED IN THE YEAR ISOiL »r 



ages sued for «xeeed five hundred dollars, on winch shall he collected and (No. 67.) 
received the sum of two dollars for the use of the State, to be taxed in the bill of costs, No suit taxed 
and paid by the clerk into the Treasury when collected :— -and that the fees of receiver of ^ l £^^| 
tax returns, shall be the same as the fees of the tax collectors as established by the ceed 500 doi- 
afore-recited act, any thing contained in the aforesaid tax act to the contrary notwithstan- 
ding ; and except also, that all persons holding lands within the limits of this State, whose v J v y t fe gj 
residence is without the same, shall either by themselves or agents, return all such lands M Collectors, 
and pay the taxes thereon in the counties wherein they respectively lie, any law to the 
contrary notwithstanding.* 

ABRAHAM JACKSON, Speaker of the House of Representatives* 

DAVID EMANUEL, President of the Senate 

Assented to, December 1, 1S02. 

JOHN MILLEDGE, Governor, 



AN ACT 



(No, 6&.) 



Tt'o amend an act, entitled '* An act to prevent encroachments on the river Savannah, 
and to remove such as now exist in the said river, or elsewhere, within the juris- 
diction and limits of the city of Savannah. 

▼ f IIEREAS by the said act, the Mayor and Aldermen of the city of Savannah, are 
vested with full power and authority, and have caused a survey of the wharf lots in the Pieamb ^- 
said city to be made ; And whereas it is represented, that by the line marked by the said 
survey, the heads of most of the wharf lots would be more or less effected, and that so 
general a removal of the heads of the said wharf lots would prove greatly injurious' to the 
said river Savannah. 

Sec. 1. BE it therefore enacted uy the Senate and House of Representatives of the State 
of Georgia in General Assembly met, and hy the authority of the same, That Josiah crs appointed! 
Tattnall, j um esquire, D. B. Mitchell,! and the Harbour-Master of the city of Savan- ^ dtheirdut y. 



* This act re-enacted by act of 1803, No. 127, except so far si relates to giving ha returns by non-residents. 

f More commissioners appointed by act of 1803, No. 116, and authorizing the governor to appoint others in 
caieofvacaneies..... 



8ft LAWS OF DEOBCLIA, 



(No. 63.) nah, be and they arc hereby appointed commissioners, and are vested with full power and 
authority, and are hereby required, to extend the said line corresponding with the course 
of tke river, and so as to preserve all the heads of the majority of the said wharf lots, and 
to present as uniform a front upon the river as may be, without injury to the navigation or 
channel of the said river. 

£.;,.„ „ Sec. 2. And be it furtlier enacted, That the line when extended as aforesaid bv the 

Line of whan J . 

lois defined said commissioners, shall be held and considered, and is hereby declared to be the true 
line of the said wharf lots on the said river. 

Sec. 3. And be it further enacted, That any of the heads built on any of the said 
Encroach- wharf lots, or any platform, building or other improvement whatsoever, which shall extend 
ligeto be re- beyond the aforesaid line, shall be deemed and considered encroachments on the said 
river, and the owner or owners thereof, or his, her or their agent, or attorney, or the 
executor or administrators of such owner or owners, shall, within four months after the 
said line shall be ascertained and marked, and notice thereof given by the said commis- 
sioners, remove or cause to be removed within the said line, the part or parts of the said 
wharf-head, platform, building, or other improvement as aforesaid. 

Sec. 4. And be it further enacted, That if any owner or owners of the said wharf 

lots, or his, her or their agent or attorney, or the executor or administrators of such 

no^removin owner or owners, shall neglect or refuse to remove or cause to be removed, the said 

encroach- encroachments, within the said term of four months, he, she or they so neglecting or 

merits. o a 

refusing shall forfeit and pay for every foot such encroachments shall extend beyond the 
said line, five hundred dollars, to be recovered by action of debt or indictment, in any 
court having cognizance thereof, at the instance of the Mayor and Aldermen of the city 
of Savannah, for the time being, and applied by the commissioners of pilotage to, the 
deepening of the said river Savannah : — And moreover, it shall and may be lawful for the 
said Mayor and Aldermen for the time being, and they are hereby authorized and requir- 
ed, to cause the said encroachments to be removed, and the costs and expenses thereof? 
shall be a charge upon the said wharf lot, and may be recovered by distress and sale o^ 
the said wharf lot and improvements, notwithstanding the forfeiture hereinbefore expressed. 

Sec. 5. And be it further enacted, That so much of the aforesaid act as is repugnant to 
fck&fc "^ &i & ac,: ? toe aR d the same is hereby repealed. 

ABRAHAM JACKSON, Speaker of the House &f Representatives, . 
■DAVID EMANUEL, President of the Senate* 
Assented to, December 1, 1802. 

JOHN MIUJSDGE,' Gqvekhgk. 



PASSED IN THE YEAR 1802. 



a a 



AN ACT 



(No. 69.) 



To add a part of Wilkes county to Greene, and a part of Greene to Clark, and to 
make permanent the seat of the public buildings in the counties of Greene and Clark. 

▼ T HEREAS several citizens in the south western corner of Wilkes, have petitioned 
ihh Legislature* to be added to Greene. 



Preamble- 



Sec. 1. BE it enacted by tlie Senate and House of Representatives, of the State of 
Georgia in General Assembly met, and by the autlwrity of the same, That from and after f^jf^ 11 ^ 
the passing of this act, all that part of Wilkes lying west of a line beginning where the Greene. 
present line between the two said counties crosses the south fork of Little River, running 
thence a straight line to the Greene and Hancock corner, on Ogechee river, be and the 
same is hereby added to the county of Greene. 

Sec 2. And be it further enacted, That the county surveyor of Greene, be and he is 

25 v wliovn the 

hereby required to run and plainly mark the line aforesaid, and he shall be, and he is line is to be 
hereby allowed the sum of ten dollars, for the expense of chain bearers, choppers &c« run ' 
to be paid by the Inferior Court of the county of Greene, out of the county funds. 



Sec. 8. And be it further enacted, That Greeneshorough, be and it is hereby estab- 
lished as the permanent seat of the public buildings for the county of Greene. 

Sec. 4. And be it further enacted by the authority aforesaid, That all that part 
of Greene county, lying northwardly of aline to be drawn from the mouth of Falling 
Creek, at the corner of Oglethorpe on the Oconee river, a direct line to the corner of 
Greene and Clark counties, on the Appalatchee river, be added to the county of Clark, 
and that the seat of the public buildings in the said county of Clark, do remain permanent 
in the town of Waikinsville ;* and that the said line shall be run by any lawful surveyor 
at the expense of Clark county. 

ABRAHAM JACKSON, Speaker of the House of Representatives. 

DAVID EMANUEL, President of the Scnute* 

Assented to, December 1, 1802. 

JOHN MILLED GE, Governor. 



Greensboro' 
established as 
the permanent 
seat ef the 
public build- 
ings. _. 



Part of Greene 
added toClark 
the scat of 
public build- 
ings to remaiw 
permanent in 
WatkinsvilV, 



See act of 1€06 5 No. 227, for the better regulation and government of this tow*, 

u 



99 LAWS OF GEORGIA, 



(No. 70.) AN ACT 

To authorize John Strahan, Willis Speer, and Joseph Mock, commissioners therein 
named, to open and keep open a road back of the Big Bay, in Ejjlngham county.* 



Preamble. 



HEREAS many of the inhabitants of Effingham county, labour under great dis- 
advantages by having a large Ray Gall, or Swamp between them, and the road leading 
from Louisville to Savannah, and have petitioned this legislature for redress* 



Commission- Sec. i. BE it enacted by the Senate and Hause of Representatives of the State of 
tokyoff "said Georgia, in General Assembly met, That John Strahan, "Willis Speer and Joseph Mock, 
*° ad - be and they are hereby appointed commissioners of a road by them to be laid out, begin- 

ning at the plantation formerly occupied by Mr. Moore Speer, deceased, and continue 
down back of the Big Bay, as straight as possible until the same intersect the Ogechee 
road at Ford's. 

„ rv ,. , , Sec. 2. And be it further enacted, That the inhabitants liable to w«rk on the road. 

Who liable to ^ 

werkonlt. living back of the Big Bay, or nearest the said new road, are hereby declared liable to 
work on said road, and no other, any law or regulation to the contrary notwithstanding. 

ABRAHAM JACKSON, Speaker of the House of Representatives* 

DAVID EMANUEL, President of the Senate. 

Assented to, December l, 1802. 

JOHN MILLEDGE, Governob. 



(No. 71.) 



Preamble. 



AN ACT 

To amend an aet, entitled " Jin act to divide the county of Jackson," passed the fifth 

day of December, 1801. 



Wi 



HEREAS the above recited act, does not embrace all the objects for which it was 
contemplated. 



Centre of the Sec. 1. BE it therefore enacted by the Senate and House of Representatives in General 

county to be Assembly met and by the authority of the same, That the county surveyor of the county of 

ascertained. 

* This act amended by act of 1803, No. 115. 



PASSED IN THE YEAR 1802. 



91 



Jaekson, be and he is hereby directed to employ two chain bearers, and immediately pro- (No. 71.) 
need to admeasure the lines of said county, and ascertain the centre thereof, and shall 
©ffieially certify the same to the commissioners of the court-house and jail, who may he 
appointed by virtue of this act, for which services compensation shall be made at the ex- 
pense of said county, by the Justices of the Inferior Court. 

Sec. 2. And be it further enaeted by the authority aforesaid, That the Justices of the Inferlor c t 
Inferior Court, be and they are hereby appointed commissioners of the court-house and to fix on the 
jail in said county, and they or a majority of them, are vested with full power and autho- buiidlngswith 
rity to fix on the most convenient place within two miles of the centre of the county as in .ty oIlftlle5Qf 
aforesaid, at which, courts and elections shall be held as soon as suitable buildings are 
erected thereat, and the said commissioners or a majority of them, are hereby authori- 
zed and empowered to contract with fit and proper persons for the purpose of building a 
court-house andjail in the county aforesaid, which after at least thirty days notice, shall 7 
be let to the lowest bidder,* 



Sec. 3. And be it further enacted by the authority aforesaid. That the Justices of' , , 

* / . J . J Tax to be Ie» 

the Inferior Court of said county, are hereby authorized and empowered to levy a tax, not vied for de- 
exceeding one sixth of the general tax, on the inhabitants and taxable property within the seI"of stlt^ 
same, for the purpose of ereeting a court-house and jail, and defraying the expense of the buildin £ s 
county surveyor, and chain bearers as aforesaid, which shall be done in such manner as 
m their judgment will be least burthensome to the people,. 

Sec. 4. And be it further enacted by the authority of vresaid, That so much of the 
hefore recited act, as militates against this act, be and the same is hereby repealed. clavS^ 11 ^ 

ABRAHAM JACKSON, Speaker of the House of Representatives* 
DAVID EMANUEL, President of the Senate, 
Assented to, December l, 1802. 

JOHN MILLEDGE, Govebnok. 



- 



See ast 



of X803, Tfc 84> rep^lipg this station, god Apposing othgr CQg38g«i<n*g&. 



d% 



LAWS OF GEORGIA, 



(No. 72.) AN ACT 

To appoint commissioners for the better regulation and government of the town of 

'J 



Petersburg. 



Preamble. 



HEREAS the town of Petersburg requires regulation. 



Sec. 1. BE it therefore enacted by the Senate and House of Representatives of the 
Commission- State of Georgia, in General Assembly met, and by the authority of the same, That the 
eis appointed, f^io^ing persons to wit :— Robert Thompson, Leroy Pope, Richard Easter, Samuel 
Watkins, and John Ragland, be and they are hereby appointed commissioners of the 
town of Petersburg, and that they or a majority of them, shall, immediately after the 
passing of this act, convene and proceed to the appointment of a clerk, and such otheE 
officers as they may deem necessary, to carry this act into execution. 



Their ?>ower3. 



Sec. 2. And be it further enacted, That the said commissioners shall hold thei r 
respective appointments hereby given, until the first Monday in January* 180*, at which 
time* and on every subsequent first Monday in January thereafter, the citizens of Peters- 
burg, entitled to vote for members of the General Assembly, shall choose by ballot, five- 
persons to succeed them as commissioners of said town, and they shall have, and they 
are hereby vested with full power and authority, to make such bye-laws and regulations, 
and to inflict or impose such pains, penalties and forfeitures, as in their judgment shall b« 
conducive to the good order and government of the said town of Petersburg : Provided, 
that such bye-laws and regulations, be not repugnant to the laws and constitution of this 
State, and that the pains, penalties and forfeitures aforesaid, shall not extend to life ox? 
member.* 

ABRAHAM JACKSON, Speaker of the House of Representatives. 
DAVID EMANUEL, President of the Senate.. 



Assented t©, December 1, 1802. 

JOHN MILLEDGE, Governob. 






* See act of 1804, No- 137, amendatory of this Act 



PASSED IN THE YEAR 1805. 



n 



AN ACT 

To authorize Josiah Tattnall, jun. Nicholas Long, and Philip Clayton, late commission- 
ers of reverted confiscated property t to supply certain words omitted in the titles of the 
Beverend William M'Whir, a purchaser at the sales of the aforesaid property. 



(No. 73.) 



HEREAS it appears that the Reverend William M'Whir, did, at the sales of 
reverted confiscated property, on the 23d July, 17 9 i, hecome the purchaser of a tract of 
land, which is described in the advertisement of the commissioners, in the following -Preamble. 
words, to wit : That tract of land containing 200 acres, bounded on the east by salt marsh, 
to the west on lands of Thomas Morris, to the north on lands of Jeremiah Dickinson, and 
the south on lands formerly — — Westberry's, now William Woodward's; And whereas* 
it further appears, that in filling up the titles to the said William M'Whir, the following 
words were omitted, to wit: "To the west on lands of Thomas Morris, to the north on 

lands of Jeremiah Dickinson, and south on lands formerly Westberry's, now William 

Woodward's," whereby the title of William M'Whir, is rendered defective and wholly 
useless ; for remedy whereof— 

BE it enacted ly the Senate and House of Representatives of the State of Georgia, in 

For relief of* 

General Assembly met, and it is hereby enacted by the authority of the same, That Josiah Wm. M'Whir 
Tattnall, junior, Nicholas Long, and Philip Clayton, late commissioners of reverted 
confiscated property, be and they are hereby authorized to supply the afore-reeited omitted 
words, in the titles of the aforesaid William M'Whir, which shall be held and considered of 
the same force and validity, as if the said words had been therein originally inserted, any 
law to the contrary notwithstanding. 

ABRAHAM JACKSON, Speaker of the House of ^Representatives- 
DAVID EMANUEL, President of the Senate, 
AsseBted to, December 1, 1802. 

JOHN MJLLEDGE, Goyebwoiu 



94 



LAWS OF GEORGIA, 



(No. 7't.} 



Preamble. 



Exira ses&ion 
of the Superi- 
or Court of 
Chatham coun 
tv, authorized 



Juries .to be 
drawn, &c. 



AN ACT 
To authorize an extra session of Hie Superior Court of Chatham Bounty. 

HERE AS it has been represented, that in consequence of the long vacancy in the 
appointment of Judge of the Eastern District, the suits and prosecutions, have been so 
greatly accumulated in the county of Chatham, as to render an extra session of the Supe- 
rior Court of said county, highly necessary and expedient. 

Sec. 1. BE it enacted by the Senate and House of Representatives of the State of 
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same. 
That the Judge of the Eastern District shall hold, and he is hereby authorized to hold 
an extra session of the Superior Court of said county, to commence on the second Mon- 
day in January next. 

Sec. 2. JLnd be it further enacted by the authority aforesaid, That from and immedi- 
ately after the passing of this act, juries shall be drawn and summoned to attend, and serve 
on trials at the said extra session, in the mode already pointed out by law. Provided 
nevertheless, That where juries have been already drawn for the next regular term of said 
Superior Court, such juries shall stand over, and be considered the legal juries under and. 
for the purposes of this act ; any law to the contrary notwithstanding.^ 

ABRAHAM JACKSON, Speaker of the House of Representatives* 

DAVID EMANUEL, President of the Senate, 

Assented to, December!, ±802. 

JOHN MILLED GE, Governor. 



Jo, 75S) 



Preamble. 



AN ACT 



W 



To incorporate tlie Satannah House Carpenters^ 



HEREAS, George Robertson, George Henry, Asa Hoxey, Francis Roma, James 
Shaffer, William Mitchell, Thomas Ball, George Myers, Joseph Rahan, Frederick 
Bolinger, Philip Newton, Peter Wyly, William Mills, John Long, Christopher Hall, 
Robert Frazer, Edward Jones, L. de Young, John Reddmole, John Brewer, John Street, 
Benjamin Collier, John Gable, William Burnside, John Peter Oates, John Bowles^ 



PASSED IN THE YEAR 1803. 



9* 



Alexander Wilson, William Pearson, Thomas Jones, Thomas Hardy, John H. Sliavr* 
Joseph Stihvell, Sohn Hoxam, Nathaniel Lewis, William Mathews, John Reed, Samuel 
Bass, Joseph Shepherd, William Warrington, Isaac Tichencr, Goodlip Hover, William 
Spencer, and William Burke, have by their petition represented, that they are of that 
class of mechanics called House Carpenters, and being desirous of placing their craft 
upon a more respectable and social footing than heretofore, so that the objects thereof may 
be essentially benefitted and improved, have prayed the Legislature to grant them an act 
of incorporation. 

Sec. 1. BE it tlierefore enacted by the Senate and House of Representatives of the State 
of Georgia in General Assembly met, and by the authority thereof, That the several per- 
sons herein before named and mentioned, and others who may become members of the 
«aid class of mechanics called House Carpenters, respectively, the officers and members 
thereof, and their successors, shall be and they are hereby declared to be a body corpo- 
rate, in name and deed, by the style and denomination of "the Savannah House Carpen- 
ters," and by the said name and style shall have perpetual succession of officers and mem- 
bers and a common seal to use, and shall have power and authority to make, alter, amend, 
and change such bye-laws, as may be agreed on by the members of the same, Provided, 
such bye-laws be not repugnant to the laws and constitution of this State, or the United 
-States. 



(Mo. 7.54 



IneovpovatcsL 



Sec. 2. And be it further enacted by the authority aforesaid, That they shall have full 
(power and authority under the said style and denomination, to sue and be sued, implead, 
and be impleaded, answer and be answered unto, in any court of law, or at any tribunal 
having jurisdiction thereof, and the rights and privileges of the said society, or corpora- 
ted body, in any court of law, or at any tribunal whatever to defend, and shall be and 
are hereby declared, to be vested with all the powers and advantages, privileges and 
emoluments of an association or society of people incorporated, for the purposes an# 
intentions of their said association. 

Sec. 3. And be it further enacted, That this act shall be, and is hereby declared 
to be a public act, to all intents and purposes whatever. 

ABRAHAM JACKSON, Speaker of the House of Representatives 

DAVID EMANUEL, Presidrnt of the Senate, 

iksSented to, December 1, 1802. 

JOHN MUXEDGE, GothrjtoRo 



Their pewe-iS, 






96 1 LAWS OF GEORGIA, 



(No. 76.) AN ACT 

To secure unto Joseph May, the exclusive right and privilege, to receive toll at a bridge 

he has erected over Little River. 

TT HERE AS Joseph Ray, has represented by petition, that he has at great expense, 
Preamble, erected a bridge oyer Little River, on the Washington road $ and in order that said 
bridge may be productive of more general utility, prays that he may be authorized to receive 
toll at said bridge for a limited time. 

WHEREFORE-— Be it enacted by the Senate and House of Representatives of the State 
of Georgia in General Assembly met, and by the authority of tlie same, That the said 
mi the rates.' Joseph Ray, his heirs and assigns, shall have the sole and exclusive right of receiving 
toll at said bridge, and the said Joseph Ray, his heirs and assigns, shall and may legally 
demand and receive, during the term of ten years, a toll in the following manner, that is 
to say : — -For every loaded waggon and other four wheeled carriage, twenty -five cents ; 
for every empty waggon, twelve and a half cents ,• for every loaded cart, or other two 
wheeled carriage, twelve and a half cents ; for every empty cart or dray, six and a quar. 
ter cents ; for every man and horse, six and a quarter cents j for every foot passenger, six 
and a quarter cents ; for every rolling hogshead, twelve and a half cents ; for all black 
cattle per head, one cent; for ail hogs, sheep and goats per head, one cent and no more, 
any law to the contrary notwithstanding. 

ABRAHAM JACKSON, Speaker of the House of Representatives* 

DAVID EMANUEL, President of the Senate, 



Assented to, December 1, 1 802. 

JOHN MILLED GE, Goyehstok. 



(No. 77.) 



Preamble. 



AN ACT 

To authorize Joseph Rice, to establish a Lottery, 

IIEREAS Joseph Rice, has by petition represented, that he has in his possession,, 
plate, jewelry, watches and other articles of a similar nature, of great value, which 
he cannot sell and dispose of in the usual and regular course of his profession, as a 
Watch-maker, and prays that he may be authorized* to sell and dispose of the same by 
the scheme of a lottery. 



PASSED IN THE YEAR 1802. 



Sec. 1. BE it enacted by the Senate and House of Representatives of the Stale of Gcor- (No. 77.) 
gia, in General Assembly met and by the authority of the same, That it shall and may be 
lawful for the said Joseph Rice, to establish a lottery, from and immediately after the L^ry aii^ 
passing of this act, to raise the sum of ten thousand dollars, under such scheme and ed> 
regulations, as he may deem necessary and proper, to carry into effect the above recited 
object. 

Sec. 2. And be it further enacted, That so soon as the said lottery shall have been 
completed, the said Joseph Rice shall pay into the Treasury of this State, the sum of ^.-^ E< ^ 
two hundred dollars, which is equal to the rate of two per centum on the aforesaid sum required. 
©f ten thousand dollars, the capital of said lottery. 

ABRAHAM JACKSON, Speaker of the House of Beprestntativeso 
DAVID EMANUEL* President of the $<mafa 
Assented to, December 1, 1802. 

JOHN MILXEDGE, Govebnob, 



{No-. 78-,) 



AN ACT 

Wo authorize the inhabitants of certain ivards, that now are, or may he laid off in 

Savannah, to vote for Aldermen. 



W. 



HEREAS certain wards are laid offfrom the commons appurtenant to the city of 
Savannah, tho inhabitants whereof are not represented in the council of the city of 
Savannah. 



Preamble, 



Sec. 1. BE it tlierefore enacted by the Senate and House of Representatives oftlie State 
<of Georgia in General Assembly met, and by the authority of the same, That it shall 
and may be lawful for the persons entitled to vote for Aldermen, and who reside in the 
present new wards of the city, to meet together, and on the first Monday in January next* Certain wards 

. _"•-.,'_ allowed repre 

»t such place or places as the city eouncil shall direct, and vote for Aldermen qualified to sentation in 
be elected as follows: The two wards called Greene and Columbia, shall be united, and * '^ Clljr C0UB *' 
be entitled to one Alderman y the wards called Liberty and Elbert, shall be united, and 
Entitled to one Alderman, to be elected in manner and form as the other Aldermen for 



9S 



LAWS OP GEORGIA, 



(No. T8.) the said city arc elected., ami to continue in office until the next general election for 
Aldermen for the said city, and from thence be elected annually, as is prescribed by the 
acts relative to the said city corporation, 



when cer- Sec. 2. And be it further enacted, That when the said wards called Greene, Colum- 
miy bTenti- hia > Liberty and Elbert, or any other ward that now is, or shall hereafter be laid off 
l le< l.\ - repre " V tlie eit y council, from the lands appurtenant to the said city, shall have each twenty 
dwelling houses, or tenements occupied, such wards shall be entitled to elect an Alder- 
man ; and where any two wards have not more than twenty dwelling houses, or tenements 
occupied, such two wards united, shall be entitled to elect one Alderman, when the quali- 
•fieation aforesaid shall be duly notified by the city council, at the general election foe. 
Aldermen of the said city, as is prescribed by law. 

Sec. 5. And be it further enacted, That from and after the passing of this act, if any 
person or persons entitled to vote at the elections for Aldermen of the said city, shall 
voting out of vote in any ward, other than that in which he or they mayor shall reside, every person 
ward P10pei s0 °ff enc h n g> sna ^ forfeit and pay to the corporation of the said city, the sum of thirty 
dollars, to be recovered in a Justices court of said city, and every vote so given contrary 
to this act, shall be void and of no effect ; and if such offender or offenders should have 
neither real or personal property, with which to satisfy the same, he or they may be 
committed to the common jail of the county, for ten days. 

ABRAHAM JACKSON, Speaker of tlie House of Representatives? 

DAVID EMANUEL, President of the Senate. 

Assented to, December 1, 1803, 

JOHN MILLED GE, Governor. 



AN ACT* 
To carry into effect the ninth section of the third article of the Constitution. 



(No. 79.) 



HERE AS marriage being among the most solemn and important contracts in 
Preamble, society, has been regulated in all civilized nations by positive systems ', And whereas? 
circumstances may require a dissolution of contracts founded on the most binding and 



* See act of 1806,. No. 235, amendatory of this act. 



PASSED' IN THE YEAH' 1808;. 99 



sacred obligations which the human mind has hcen capable of devising, and such circum- (No. 79.) 
stances may combine to render necessary the dissolution of the contract of marriage, 
which dissolution ought not to be dependant on private will, but should require Legislative 
interposition ; inasmuch as the republic is deeply interested in the private happiness of its 
citizens : And whereas, the Constitution of this State declares that « Divorces shall 
" not be granted by the Legislature, until the parties shall have had a fair trial before 
" the Superior Court, and a verdict shall have been obtained, authorizing a Divorce 
« upon legal principles ; and in such cases, two thirds of each branch of the Legislature 
« may pass acts of Divorce accordingly." And doubts being entertained by the Judges 
of the Superior courts of this State, with respect to their powers of deciding upon 
applications for divorce, before the General Assembly have legislated upon the said 
section of the third article of the Constitution : For the purpose of obviating said 
doubts, and of carrying into effect the said section of the Constitution? therefore. 



Sec. 1. ^-g -j mac t e d ty ilie Senate and House of Representatives,' in' General Divorce to be 
Assembly met, and it is hereby enacted by the authority of the same, That the Divorce JjJ^ ma " 
recognized by this act, shall be the total Divorce, that is to say-— The Divorce a vinculo 
matrimonii. 

Sec. 2. And be it further enacted, That the proceedings on divorce shall be by 
petition to the court, which petition shall plainly and fully state the cause or causes of Manner of 

commencing 

the application for such divorce, to which petition the clerk shall annex a citation signed a suit i'cr u 
by such clerk, and bearing test in the name of the judge having cognizance of the vorcc 
ease, directed to the sheriff, citing or requiring the defendant to appear at the court to 
which the same is made returnable, thirty days before the sitting of the court, by 
serving a copy of such petition and citation on the defendant, or by leaving a copy at his 
or her most notorious place of abode,- 

Sec. 3. And be it, further enacted, That the folio wing,, proceeding shall be observed 
by the defendant, to wit : The defendant shall appear at the court to which the petition What to b» 
and citation, are made returnable, and on or before the last day of the court, shall make fcmtenT^ 
his or her answer or defensive allegation in writing, signed by the party making the 
same, or his or her attorney, which may extenuate, deny or contain as much matter, 
or as many circumstances, in his or her defence, as the said defendant may think neces- 
sary and proper therein. 

Sec. 4. And be it further enacted, That where the said defendant shall fail to 
appear as aforesaid, the court shall proceed to give judgment by default, which shall be de&Slt 11 * by 
enquired of as the law directs, and has heretofore been the custom and practice of courts 
as in. cases of default* - 



*M> &AWS OF GROSIGIA, 



(No. 79.) Seo. 5. And be. it furtlier enacted, That the verdict of the iury, which bv the 

Form of the *» • 1 ,. „ ,-, . . . ° *' "*.«*,*. ^j ««, 

verdict: aioresaid section oi the constitution must in its nature be interlocutory, not definitive, shall 

be in the form and words following, to wit : « We find that sufficient proofs have been 
referred to our consideration to authorize a total divorce, that is to say, a divorce a 
vinculo matrimonii upon legal principles between the parties in this case" j a certified 
copy of which verdict, signed by the clerk of the court at which the said verdict shall 
have been obtained, together with the records appertaining to the same, shall be and is 
hereby considered as a full compliance with the aforesaid section of the third article 
of the Constitution. 

What to be Sec. 6.. And be it further enacted by the authority aforesaid, That when any persons 

fhe'deSnlLt shali be out of ^ limits of this State > that has complaint alledged against them by 
resides out of virtue of this act, the judge presiding may make a rule of court to compel their 
attendance, or proceed to trial in case of default. 

ABRAHAM JACKSON, Speaker of the House of Representatives, . 
DAYID EMANUEL, President of the Senate., 
Assented to, December 1, 1802,, 

JOHN MILLEDGE, Governor,. 



(No, 80.) 



AN ACT 

To make Distribution of the late Cession: of Lands, obtained from the Creek N&lion 
by tlie~ United States' Commissioners, in a Treaty entered into at or near Fort. 
Wilkinson, on the sixteenth day of June, eighteen hundred and two. 



Sec. j^.jg it enacted by tlie Senate and TLbuse of Representatives of the State of Georgia, 
Cession dc- lrt General Assembly met, and by the authority of the same, That the Territory south of the 
fined and bid Oconee and Alatamaha rivers, that is to say: — Beginning at the upper extremity of the 

off- in district* . 

High Shoals of the Appallaehee river, the same being a branch of the Oconee river, 
and on the southern Bank of the same ; running thence a direct course to a noted ford 
©f the south branch of Little river, called by the Indians, Chato-chuc-co-hatchee ; thence 
a direct line to the main branch of Commissioners' creek, where the same is intersected 
by the path leading from the Hoek-Landing to the Oakmulgee Old-Towns ; thence a direct 
line to Palmetto creek, where tlie same is intersected by the Uchee path, leading from 
the Oconee to the Oakmulgee river j thence down the middle waters of the said creek to 



PASSED IN THE YEAR 1803. *•©* 



Oconee river, and with the western Bank of the same, to its junction of the Oakm ilgee (No. 80.) 
river; thence across the Oakmulgee river to the south bank of the Alatamaha river, 
and down the same, at low water mark, to the lower bank of Goose-creek, and from 
thence by a direct line to the mounts on the margin of Okefinocau swamp, raised and 
established by the commissioners of the United States and Spain, at the head of St. 
Mary's river; thence down the middle waters of said river, to the point where the old 
line of demarkation strikes the same; thence with the said old line to the Alatamaha 
river, and up the same to Goose- creek, to which the Indian title has been extinguished 
by treaty, concluded near Fort Wilkinson, on the sixteenth day of June, eighteen 
hundred aud two; shall, in conformity to the twenty-third section of the first article 
of the constitution of this State, be laid* off into three counties in the following manner, 
that is to say -.—That p art of the said territory lying south of the Alatamaha, to form 
and constitute one county, to be called Wayne; and that part of the said territory lying 
south of the Oconee river, to be divided by a line to be run according to the true meridian 
from the Oconee at Fort Wilkinson, south forty-five degrees west, to the Indian boundary 
line, into two counties, the eastern to be called Wilkinson, and the western to be called 
Baldwin; and shall be divided by the Surveyor-General, or such of the district survey- 
ors as he may think proper to appoint, each county into districts — the county of Wayne 
into three districts ; which districts shall be as near equal as circumstances will admit, 
to be laid off in such manner as the Surveyor-General may deem most expedient; and 
the counties of Wilkinson and Baldwin into five districts, each as nearly equal in extent 
as circumstances will permit, by lines which shall run parallel with the dividing line 
between those counties. 

Sec. 2. And be it further enacted by the aullwrilij aforesaid, That the lands con- 
tained in the several districts shall be divided by lines running parallel with the dividing 
lines of districts, and by others crossing them at right angles, so as to form tracts of off into square 
forty-five chains square, containing two hundred and two and an half acres each, plainly tract8 
and distinctly marked, in a manner different from the ordinary mode heretofore pursued^ 
for making lines in this State, to be pointed out by the Surveyor General; except the 
county of Wayne, which shall be laid off into tracts of seventy chains square, and to 
contain four hundred and ninety acres each, unless where the line whieh is to form a 
temporary boundary between the said territory and Creek Indians, or the course of 
navigable rivers, may reuder it impracticable, and then this rule shall be departed from 
no further than such particular circumstances may require, and all fractional parts of 
surveys, which may be created by the courses of navigable rivers, by the temporary 
boundary line, or other unavoidable circumstances; and all islands within the limits of 
the said territory, and lying southwest of the middle or main source of the Oconee or 
Alatamaha rivers, shall be reserved and sold, and the funds arising therefrom, be appro- 
priated in such manner as a future legislature may direct,* reserving nevertheless, to the 



See act of 1805, No, 193— Repealing the latter part ef this section. 



102 LAWS OF GEORGIA, 



(No. SO.) fortunate drawers respectively, of the tracts or sections of land adjacent to such fractional 
parts of surveys or islands, a preference for twelve months from and after the completion 
of the drawing of the lottery contemplated hy this net, and the right to purchase such 
fractional parts of surveys or islands, at such rates as- may he stipulated by law, except 
such islands as contain above one hundred acres, which shall be drawn for in the manner- 
pointed out by this act. . 

• 

Sec. 3. JLnd be it further enacted by the ■authority aforesaid, That for each district, 

One surveyor one surveyor shall be appointed by the legislature, and if any person shall offer, and be 

for each dis- so appointed, who shall hereafter be. found deficient in, the qualifications necessary to a 

trict to be an- . . 

pointed. due execution of the duties required by this act, it shall be deemed a forfeiture of his 

bond, and himself and securities immediately liable therefor.. 

Sec. .4. dnd.be it further enacted by the authority aforesaid, That the respective 

Purveyors to surveyors shall give bond in the penalty of ten thousand dollars, with such security as the 

security! Governor, or a majority of the Justices of the Inferior Courts of the respective counties* 

where the said surveyors may reside, which bond shall be taken by the Governor or the 

aforesaid Justices, and deposited in the Executive office, shall approve of, for the faith- - 

ful discharge of the trust reposed in, and duties required of them by this act» 



duties rfthi 



Sec. 5. JLnd.be it further enacted by the authority aforesaid, That it shall be the 
duties of the surveyors appointed in pursuance of this act, to make the surveys of the 
districts to which they may respectively be appointed in their own proper persons; to 
mark or cause to be marked, plainly and distinctly, upon trees, if practicable, otherwise 
stakes may suffice* all lines which it may be required of them to run, for the purpose of 
making the surveys in their respective districts, immediately after the boundary line shall 
have been run by the proper authority, to cause all such lines to be ran with the utmost 
possible exactness, with a half chain, containing two perches of sixteen feet and one half 
each, consisting of fifty equal links, which shall be adjusted by a standard, to be kept for 
That purpose in the Surveyor-General's Office ; to take as accurately as possible, the 
meanders of all water courses which shall form natural boimdaries to any of the surveys., 
and of all navigable rivers, whereby any of such surveys may happen to be divided ,• t 
note, in field books to be kept by them respectively, the names of the corner and other 
station trees, which shall be marked and numbered in such manner as the Surveyor 
General shall direct ; also all rivers, creeks and other water courses, which maybe touched 
upon or crossed in running and measuring any of the lines aforesaid,- transcripts of which 
field books after being examined with the originals, by the Surveyor General, and certified 
and signed on every page by the district surveyors returning the same, shall be deposited 
in the Surveyor General's Office, there to be preserved as a record,- to make a return 
io the Surveyor General, within ninety days* after the running the boundary line as 



Time extended to one hundred and fifty days, by act of 1803, No. 97, section third* 



PASSED IN THE YEAH 1S03. - '±p% 



aforesaid, of a map of the district to which they may respectively he appointed,, in which (No. 80 v 
shall be correctly delineated, represented and numbered, in such order as the Surveyor 
General shall prescribe, all the surveys within such district, and also to return at the 
same time, a detached plat of every such survey of land certified and signed by them, 
whieh plats shall be filed among the other records in the Surveyor General's Office, and 
from which copies shall be made to be annexed to grants ; and to conform to such instructions 
as they may receive from the Surveyor General, from time to time during their 
continuance in office, and progress in the duties thereof, not militating with this act. 

Sec. 6. JLnd be it further enacted by tlic authority aforesaid, That the Surveyors 
shall receive as a compensation, two dollars and seventy-five cents per mile, for every of i he survey* 
Biile that shall be actually run or surveyed, to compensate for returning maps, plats and 
field books, out of which sum they shall defray the expenses of chain-men, axe -men and 
every other expense incident to the said business ; for three hundred dollars whereof, the 
Governor is requested to issue his warrant on the Treasurer, infafov of each and every 
surveyor, immediately after their entering into bond and security as aforesaid, to enable 
them to proceed, without delay to the execution of their duties, for the balance, of which 
by this law they may be entitled, they shall receive a warrant in like manner, on produc- 
ing to his Excellency the Governor, a certificate from the Surveyor General, setting 
forth that such surveyor has completed the duties assigned him, and made his returns 
conformably to this act. 

Sec. 7» And be it further enacted by the authority aforesaid, That the Surveyor 
'General, or district surveyor or surveyors, who maybe employed in dividing the said ^SJg„rS 
territory into counties and districts, shall receive the same compensation for eacli mile or Onerai or 

, * district Sui'- 

run ana surveyed as is allowed by this law for other surveyors, out of which all expenses veyor. 
incident thereto, must be paid Without any additional charge on the State, and his 
^Excellency the Governor is requested to grant his warrant on the Treasurer for com- 
pensating that service, so soon as he shall be advised by the Surveyor General of 
its completion. 

Sec. 8. And be it further enacted by the authority aforesaid, That the said land 
■shall be appropriated by lot in the manner following, to wit : After the surveying is ^^J^ 
■completed, and the returns made to the Surveyor General, his Excellency the Governor 
shall cause tickets to be made out whereby all the numbers of the surveys in the different 
districts shall be represented, which tickets shall be put into a box to constitute prizes* 
with others to be denominated blanks, of which blanks the number or amount shall be 
determined, by subtracting the number of prizes from the whole number of "draws to 
which the said lottery shall be subject, upon the following principles, that is to say— w])o en L^ 
Every free male white person, twenty-one years of age and upwards, being a citizen of to a dray , 
the United States, and an inhabitant of this State, twelve months immediately preceed- 



104 LAWS OF GEORGIA, 



(No. 80.) itig the passage of this aet, or paid a tax towards the support of government (including 
such as may be absent on lawful business) shall be entitled to one draw : Every free 
white maleperson of like description, having a wife, legitimate child or children, under 
twenty-one years of age, shall be entitled to two draws \ and all widows having a legiti- 
mate child or children, under the age of twenty-one years, who have resided twelve 
months in this State, immediately -proceeding the passage of this act, shall be entitled to 
two draws; and all families of orphans, under twenty-one years of age, having no parent* 
living, shall be entitled to one draw.* 



Manner of 
ascertaining 1 



Sec. 9. And be it further* enacted by the authority aforesaid, That lists of persons 

entitled to draw, in conformity to the provisions of this act, shall be taken and made out, 

within threef months from the passage thereof, by any three or more of the justices of 

who are enti- the Inferior Courts of the respective counties, or such fit and proper persons as they 

tied to draws , . ., . . 

and making may appoint not exceeding one lor each county, who shall previous to their entering on 
of Vo' be retur ** ie duties °f tne i r appointment, severally enter into bond and security, to be approved by 
ned to the go- the said justices, in such reasonable sum as they may deem necessary, for the faithful 
discharge of the trust reposed in them, and also to take and subscribe an oath in writing, 
faithfully to perform the duties required of them by this act. — And it shall be the duty of 
the said justices, or any three or more of them, or such persons as they may appoint, to 
attend at the court-houses of the respective counties, on as many several days as the said 
justices may deem necessary and appoint, for the purpose of taking and making out such 
lists, giving at least ten days previous notice of such attendance, by advertisement, at five 
or more of the most public places in the respective counties ; and the names of all persons 
entitled to draw, with the number of draws to which they may be entitled, shall be entered 
into a book, to be provided for that purpose in each county, which said list or book, shall 
immediately after the same shall have been completed and transcripts thereof deposited in 
the clerk's office of the Superior Courts, be transmitted by the said justices to his Excellency 
the Governor, for which said services the said justices, or such persons as they may appoint 
as aforesaid, shall receive from the persons entitled to draw, on entering their names 
respectively, for each draw, twelve and an half cents : And his Excellency the Governor 
is hereby authorized and required forthwith to issue his proclamation, and cause the same 
to be published in all gazettes of this State, setting forth the outlines of this aet, and 
requiring all persons interested therein, to exhibit their claims in the counties of their 
respective residence, supported by oath or affirmation, of one or more creditable witnesses, 
where doubts exist in the minde of the said justices, or persons to be appointed by them 
as aforesaid. 

Sec. 10. And be it furtlier enacted by the authority aforesaid, That immediately 
after the returns shall have been received from the district surveyors, and the Justices of 

* See act of 1803 supplementary, No. 107, entitling children to draw whose father is dead, and mothef 
intermarried, in like manner of those, whose parents are both dead- 

t See supplementary act of 1803, No. 107, extending the time to the first of March thereafter. 



PASSED IX THE YEAR 1803, 



tions-. 



the Inferior Courts, his Excellency the Governor be authorized and he hereby is required, (No. 89.) 

to cause four lists to he made, and arranged in alphabetical order, of the persons entitled to 

draws, and cause the lottery to be carried into effect, conformably to the provisions eontai- A Lotte 

ned din this act, under the superintendency of five managers, or a majority of tliem, to be tabllshed im- 

. , ' der the direc- 

appointed by the Legislature, who shall apportion the blanks and prizes in the manner tkmot'ceri •;« 

aforesaid, and give one mouths public notice, in all the gazettes of the State, previous to mimii S sr " 

The commencement of the drawing, and shall set forth, in such notification, the days of 

drawinsj for the names enrolled under the letter A, the days of drawing for the names 

enrolled under the letter 13, and so on throughout the alphabet, commencing the drawing 

with the names belonging to the first letter. 

Sec. II. JinA he it further enacted Vy the authority aforesaid, That all persons against 

^hose names lands may be drawn in pursuauce of this act, shall be entitled to receive 

"•rants, which shall be issued under the hand of his Excellency the Governor, and the , Fortuaaii 
& ' "■ . oujf-wers to 

Teat seal of the State, on application of fortunate drawers respectively, who shall have have then- 

■ ' • °Tiints Oil CT 

complied with the requisitions of this act, and being applicable to them, their respective tain condit- 
keirs and devisees, investing in them fee simple titles, to the particular survey or surveys 
of lands, drawn against their names respectively, by paying into the Treasury of this 
State, within three months* immediately after the drawing is completed, the -sum of nine 
dollars per hundred acres, for river lands of the first quality— -seven dollars per hundred 
acres, for river land of the second quality — seven dollars per hundred acres, for high 
land of the first quality— four dollars per hundred acres, for high land of the second qual- 
ity — two dollars per hundred acres, for all third quality land, — and half a dollar per 
hundred acres, for all pine land ; and that prices shall be afBxed to said lands, in the fol- 
lowing manner, viz. — All river land of the first quality, at one dollar per acre, all river 
land of the second quality, at fifty cents per acre; all up land of the first quality at 
fifty cents per acre ; all up land of the second quality, at twen + y-five cents per acre ; 
all up land of the third quality, at twelve and a half cents per acre; all pine land at six 
and a quarter cents per acre, which shall be paid by the following instalments, viz : — ? 
One third of the price of the respective tracts, on or before the expiration of three 
years, to be computed from the first payment; and one third annually thereafter, until 
the whole price of the land is discharged, before the said fortunate drawers shall receive 
a grant for the same, and in case of failure in any of the aforesaid payments, the said 
land shall revert to and be vested in the state; Provided iicverlheless, That the said for- 
tunate drawers shall be at liberty to pay up the whole amount, at any time before the ex- 
piration of the five years, and shall be entitled tu receive a grant immediately on so doing, f 



* Time v;.\U'iv.i-id fiy act of 1803, Noli.67, section second for the term of twelve months from and after the 
completing of the Lund Lottery. 

f T;.s section repealed by act of 1803, No. 97, section second, and grants to be obtained free of purchase, ex- 
cept a certain sum, in lieu of office fees, which by act supplementary, passed same sessions No. 107- must be 
tione within 12 months after tha Lottery, 

o 



A0« LAWS OF GEORGIA, 



(No. SO.) Sec. 12. And be it further enacted by the authority aforesaid, That no contract for 

No contract the coirv c J lince a!U * sa ^ e °f tickets in the lottery aforesaid, previous to obtaihing grants 

va id made therefor, shall be binding or obligatory on either of the contracting parties, their heirs, 

for draws. % . 

executors administrators, assigns or devisees, in any court of law or equity in this 

State. 

The Govern- Sec. 1Si *^" f! * uS " li f iirtncr enacted by the authority aforesaid, That where vacancies 

or to fill va- may happen by death, resignation or otherwise, of any of the district surveyor or survev- 
eanciesof sur- '■:, r, J 

veyors. ors, appointed in pursuance of this act, the Governor is authorized and required to fill 

up such vacancy or vacancies,- and in case any surveyor shall fail to prosecute the trust 

reposed in him, either from inattention or otherwise, in such manner as, in the opinion of 

the Governor, may render doubtful the finishing the surveys within the time limited, he 

shall have power to declare such appointment vacant and to fill up the same, as in cases 

of other vacancies. 

Sec. 14. And be itfuriher enacted by the authority aforesaid, That the surveyors to 
Surveyors to he appointed in pursuance of this act, shall, before they proceed to the duties of their 

u can oath. r a pp i t men ts, ; take the following oath or affirmation, to wit: "I do solemnly 

swear or affirm (as the case may be) that I will well and faithfully, to the utmost of my 
skill and abilities, discharge the duties of surveyor, of district No. — , agreeably to the 
@.ith. requisitions of an act entitled, " An act to make distribution of the late cession of lands, 
obtained from the Creek Nation, by the United States' commissioners, in a treaty 
entered into at, or near Fort Wilkinson, on the sixteenth, day of June, one thousand 
eight hundred and two. So help me God." Which oath the Surveyor General is autho- 
rized and required to administer. And all chain-men to be employed in pursuance of 
Dfttk-of *-• this act, shall, before they enter severally upon their duty, take the following oath or 

•aniers. affirmation, viz. "I — — -, do solemnly swear or affirm, (as the case maybe) that I 

will, to the utmost of my skill and judgment, measure all lines which I shall or maybe 
employed on as a chain carrier, as accurately, and with as little deviation from the 
courses pointed out by the surveyor, as possible, and give a true account of the same to 
the surveyor. So help me God." Which oath the district surveyors are hereby empow- 
ered and required to administer. 

Sec. ±5. Jindbe.il further enacted 'by the authority aforesaid, That for the purpose of 

Manner of ascertaining the different qualities of lands to be laid off and surveyed in pursuance of 

t" e C qua 'ilj "of this act, the surveyor of each district, shall employ one discreet person qualified to judge 

tie land*. &P the value of lands, whose duty it ; shall be to attend such surveyor, and explore each 

and every survey of land In the 1 progress, of laying the in off, and report the quality 

thereof under oath to the surveyor, who shall note the same in his field hook, for which 

service, the persons performing the same, shall receive fifty cents for every survey by 

them explored, to be paid out of the Treasury of this Stale.* 

* This section, repealed by act of 1803, No. 07, section seeend. 



PASSED IN THE YEAH I80S. 



W 



Sec. 16. JLnd be it further enacted by the authority aforesaid, That immediately (No. 80.) 
after the boundary line shall be run agreeably to this act, five commissioners to be 
appointed by the Legislature, shall at the most eligible and suitable place, at or near 
the head of navigation on the south side of the Oconee river, lay out a tract of land Milledsrvitlc 
containing three thousand two hundred and forty acres, or sixteen of the aforementioned t^beuidoff. 
tracts, of two hundred and two and an half acres each, as laid oif by the district survey- 
ors; which is hereby reserved and set apart for a town to be called and known by the 
name of Millcdgeville; and shall on such part as they may deem most proper, lay off 
lots containing one acre each ; and shall lay a plat of the said tract of land, together with 
a plan of the town, before the next General Assembly, and such number of lots shall 
be disposed of as they may deem expedient. 

Sec. 17. And whereas it may so happen, that persons may have surveyed lands in' All fbi-mec 
the aforesaid cession, contrary to law, and on which grants may have issued : Be it there- vers qf° this 
fore enacted by the authority aforesaid, That all such surveys or grants, are hereby lan ^ d edare* 
declared to be null and void to all intents and purposes, as though the same had never 
been made or issued; nor shall any survey or grant, for lands in the aforesaid cession, 
he admitted to a Jury as' evidence of the title of the lands in this act described, except 
those obtained by virtue and under the authority of this act, any law to the contrary 
notwithstanding. 

ABRAHAM JACKSON, Speaker of tlu House of^Representathes. 

SOLOMON WOOD, President of the Senate, pro. tern. 

Assented to, May 11, 1803. 

JOHN MILLEBGE, Governor. 



•AN ACT 

To amend an act, pointing out a mode for adjusting the claims of the citizens of 
this State, against the Creek Nation, 



Sec. 1, 



% 



)"E it enacted by the Senate and Wouss of Representatives of the State of 
Georgia, in General Assembly met, That it shall be the duty of the Comptroller General, 
to examine all such claims of the citizens of this State against the Creek Indians, for pro 
pes ty plundered and detained fi*> S n them by the said Indians, as may he laid before him 
hj the Executive, on or before the first day of November next, and that he do report to 



(No. 81.) 



Ormipt'rolI^E 

G.-neval to ex- 

of individuals 
& report them 
to the Gmej-., 



108 



LAWS OF GEORGIA, 



3* 



(No. 81.) the Executive a schedule thereof as soon as possible thereafter; ami that his Excellency 
the Governor be, and he is hereby required to deliver to the Comptroller-General, such 
claims as are now deposited in the Executive Department, against the said Indians, ami 
also, all such as may be received on or before the said first day of November next. 



Comptroller 



Sec. 2. And be it further enacted, That the Comptroller General be allowed and paid 
.JTknf 1 ou * °** t * ie contui g ent fund, a sum which may be deemed by the Executive, an adequate 
»he governor, compensation for his trouble.* 

ABRAHAM JACKSON, Speaker of the House of Representatives, 

SOLOMON WOOD, President of the Senate, pro. tern. 

Assented to, May 9, 1803. 

JOHN MILLEDGE, Governor. 



(No. 82.) 



Preamble. 



AN ACT 

Supplementary to an act, entitled, " An act to Establish a fund for the Redemption 

of the Public Debt if this State." 



Commission- 
ers 2. ppr itftefd 
to s perin- 
tend certain 
services to be 
compensated. 



7 IIEREAS by the above recited act, it is made the duty of the commissioners 
therein named and appointed, to superintend the surveyor by them to be appointed, 
while on the duties of his office, while seeking out and re-surveying the lands belonging, 
to this State, (agreeable to the act of confiscation) previous to their being sold as directed 
by said act ; and no compensation is allowed by s.aid act, to said commissioners, for their 
time and expenses, while attending on that part of the duties of their office — For 
remedy whereof, 

Sec. 1. BE it enacted by the Senate and House of Representatives, of the State of 
Georgia in General Assembly met, and by the authority of the same, That from and 
immediately after the passing of the above recited act, the said commissioners shall be 
entitled to receive, at the rates of three dollars per day, each, while in actual service of the 
State, in superintending the said surveyor, while on the duties of his office, as pointed out by 
said act, as a compensation for their time and expenses, while attending on thatpartoftl-.edu- 
ties of their office which shall be paid out of the monies arising from the sales of such property. 



See act of 1 807, No. 276, repealing this and nil other arts on this subject. 



PASSED IN THE YEAR 180S. iOtf 



-■.-'= , " -7 the report of said commissioners, laid before this Legis- (No. 82.) 
iji'j vy that property to a large amount belonging to this 
State, still -v^d oicoj* eu led from the commissioners of the State, for 

wantoffnoy iiftg given to individuals to encourage them to make sueh 



»tv k? 



ihorihi ciforesai d, That it shall be the duty of said com- 
missioners, on PtSe v r^on or persons, good information of any property, R , ward offw .. 
beionainjr to this State, byyirtneof the act <»f confiscation, .(not discovered or pointed ed for disco- 

- . © p " very of knds 

out before the passing the above recited act) to proceed and make sale ot the same subject to be 

agreeable to said act, and shall pay unto such informer or informers, at the rate of actoi^Maf 

twenty per centum, out of the nett proceeds of sales of such property, by them pointed f^tiofr. 

out: Provided, he or they shall go forward with one Gr^more of the commissioners, 

and assist them to identify said property, to the satisfaction of said commissioners; and 

the said commissioners shall take bond and security of such informer or informers, in 

double the amount of the premium to be received by him or them, conditioned, that if 

any or all of said property, so pointed out by him or them, shall hereafter be legally 

claimed, and the State shall think fit and proper to refund the same, or the amount of 

sales thereof, that then, and in that case, he or they shall refund to the State, his or 

their commission so received, for or on account of such information, for such part 

thereof as may be so legally claimed. 

Sec. 3. And he it fnrilicr enacted, That it shall be lawful for said commissioners 
to tax a bill of cost for any necessary expenses they may be at, in taking into possession All necessary 
and supporting any negro or negroes, they may have occasion to take into their posses- bep^idthe 
sion, by and in compliance with said act; and all other necessary expenses they maybe conimission- 
at, in seeking after and securing any property belonging to this State, in order to make 
sale thereof, in conformity to said act ; and the said bill of expenses so arising, shall be 
laid before his Excellency the Governor, for his approbation, and shall be paid out of 
the monies arising from the sale of such property. 

Sec. 4. And be it further enacted, That when it shall appear to the Legislature of this 
State, that the said commissioners have sold any property, (by virtue of this or the ^["^l'Vi^ 
before recited act) to which the said State has not a legal claim, and the person or per- stored and 

.... -, ,, , . . ^ , the money 

sons claiming the same, have supported their claim in a court properly authorized to refunded' 
try the same, and obtained a judgment in his or their favor, the purchaser or purchasers 
shall be refunded out of the treasury of this State, the amount of sales of such property, 
in the same kind of payment as he or they have made to the commissioners. 



119 



LAWS OF GEORGIA, 



(No. 82.) 
Pla.s of ti-e 
land sold tobe 
made out and 
annexed tothe 
deed of the 
commission- 
ers. 

Who to give 
information io 
the commitsi- 
(Hiers. 



Sec. 5. Be it therefore enacted, That a plat of each tract of land, which shall be 
sold in pursuance of this act; the before recited or confiscation act, shall be made out by 
the aforesaid commissioners, who shall aiiix the same to eacli title, which shall be given 
or signed by them. 

Sec. 6. And be it further enacted, That it shall be the duty of the Secretary of 
State and Surveyor-General, to give such information to the aforesaid commissioners as 
their respective offices may afford, for which services they shall be paid the usual office 
fees; and no person shall receive any emolument for any information whatever, except 
for shewing the premises, and more fully identifying the property, that can be obtained 
by information of record. 

ABRAHAM JACKSON, Speaker of the House of Representatives. 

SOLOMON WOOD, President of the Senate, pro. tern, 

Assented to, May 9, ±808, 

JOHN MILLEDGE, Governor. 



(No. 83.) 



AN ACT 



To authorize the Justices of the Inferior Court for the county of Green e, to lay an escira 
Tax for the purpose of erecting a Court-House* for said county. 



;E it enacted bij the Senate and House of Representatives, in General Assembly 
Greene coun- met, That the Justices of (he Inferior Court for the county of Greene, are hereby 

tv authorized * 

tblayanext* authorized and required, to impose a proportionate extra tax en ihe re-sp.e#*iye inhabi- 
mentofpublk tants °^ said county, annually, for the term of three years in succession, aoi exceeding 
buddings. the one half of the annual general State tax of each inhabitant; wfireh said tax shall 
be collected in the same manner and under the same restrictions as are laid down for the 
collection of the general tax of this State; and wfeen the sum so collected, shall amount 
to the sum of five hundred dollars, or upwards, it shall be the duty of the Justices 
aforesaid, to contract with some fit and proper person to build a convenient eouri-lioi(se 
for said county; and the monies so arising from the extra tax as aforesaid, shaP be 
appropriated for the fecial purpose of paying for, and completing the said building, any 
law to the contrary notwithstanding. 

ABRAHAM JACKSON, Speaker of the House of Representatives, 
SOLOMON WOOD, President of the Senate, pro tern. 
Assented to, May 8, 1803. 

JOHN MILLEDGE, Governor. 



* Autlioinzed by act of 1805, No. 194, to levy an extra tax to build a Cburt-IIousc and Jaii also. 



PASSED IN THE YEAll 1S0S, 



lit 



AN ACT 

To repeal an Act, to amend an Act, entitled " An Act to divide the counlij of Jackson" 
so far as it respects the commissioners of the Coiirt-House and Jail. 



(No. 8*.) 



Justices of 
the Inferior 
Court not to 
be the com- 
missioners but 
others appou* 
ted. 



Sec. ^J^j j£ f{ enactedby the Senate and House of Representatives of the State of Georgia, 
in General Assembly rmt K and it is hereby enacted by the authority of the same. That 
Samuel Henderson, George Held, John Aspie, Etheldred Wood, John King, Isaac 
Bouren, and Robert Montgomery, be, and they are hereby appointed commissioners of 
the court-house and jail in the county of Jackson, in place of the Justices of the Inferior 
Court ; and they or a majority of them, are hereby empowered and fully authorized, at 
their own discretion to fix on the most proper place to erect the court-house and jail in 
said county, and also to let the building of the same to the lowest bidder, after giving 
thirty days notice, or by private contract or agreement, as they may think most beneficial. 

Sec. 2. And be it further enacted, That the Justices of the Inferior Court are hereby But the .court 

• • • i i l i /» ,i « i . t0 ina ke pi-o- 

directed to make provision agreeable to law, lor the payment of such sale or contract, as vision to pay 

the said commissioners or a majority of them may make. contracts. 

Sec. 3. And be it further enacted by the authority aforesaid, That so much of the above Repealing 
Peeked act, as militates against this act, be and the same is hereby repealed. elause. 

ABRAHAM JACKSON, Speaker of the House of Representatives. 

SOLOMON WOOD, President of tlic Senate, pro tern. 

Assented to, May 3, 1803. 

JOHN MIJLLEDGE, Governor* 



AN ACT 
Further to extend the powers of the Comptroller General. 



(No, 85,) 



Jj E it enacted by the Senate and House of Representatives of the State of Georgia, in certain pow- 

General Assembly met, and by the authority of the same, That it shall and mav be law crS S iven the 
„,.,,„,,„„,>, . - J Comptroller 

Jul for the Comptroller General to take in the outstanding evidences of the claim of General. 

the legal representatives of Captain James Wood, deceased, of the late state troops; 

and also the claims of George Andrekin, Hubert Anderson, the heirs of Joseph 



112 LAWS 'OF GEORGIA, 



(No. S$.) Edge, deceased, Isaac Mathews, William Fawner, and Miles Laurence, as soldiers 
iu (ha late state troops: Provided. That he shall find said vouchers to he genuine. 

ABRAHAM JACKSON, Speaker of the House of Representatives, 

SOLOMON WOOD, Presi&jhit of the Senate, pro Jrti?. 

Assented to, May 9, 1803. 

JOHN MILLEDGE, Govern, 



(No. 86.) AN ACT 

Explanatory of an Act, entitled an Act, to amend an Act, entitled " An Act, to revise 
and amend the Judiciary System of this State," passed the sixteenth day of Feb- 
ruary, one thousand seven hundred and ninety-nine, so far as respects the person or 
persons authorized to take the bonds or obligations from Sheriffs, and the time for 
holding courts in the Eastern District, passed the fifth day of December, eighteen 
hundred and one. 

Preamble. 

?7 HEREAS douhts have arisen respecting the proper persons authorized, or inten- 
ded by law to take the bonds or obligations of the Sheriffs of this State : for remedy 
whereof, 

Judge of the ^ec. *• ' -^ ^ enacted by the Senate and House of Representatives of tlie State of 
Superior, and Georgia, in General Assembly met, That every Judge of the Superior, or a majority of 

justictsof the a J J 

inferior court the Justices of the Inferior Courts, of the respective counties throughout this State, 
Iffibondf h fcr " is am * are ? aiu * ky intendment of law, ought to have been taken, held, deemed and 

considered, as competent in law, to take the bonds or obligations of Sheriffs, and to 

qualify them as by law directed. 

Time of hold- 
ing Superior g EC< 2. And be it further enacted, That the time for holding the Superior Courts 

Courts in the J ■ ° * 

Eastern cir- in the Eastern District, Fall term, shall be on the fourth Monday in October, in Camden 

(ui,j earn. eoun ^ ^ )e ]VSonday thereafter in Glynn; the Monday thereafter in Mcintosh ; the 

Monday thereafter in Liberty; Urn Monday thereafter in Bryan ; the Monday thereafter 

in Bulloch ; the Monday thereafter in Effingham; and the first Monday in January/ 

in Chatham. 

Sec. 3. And. be it furth&r enacted, That all manner of writs and actions, and all 
writs or processes, as well jurors as witnesses, and all manner of business <>f every 



PASSED IN THE YEAH 1S03, 



US 



kind or description whatever, now depending in any of the courts aforesaid, shall stand (No. 86.) 

over and he acted upon, at the several periods herein pointed out for holding said courts, s , and Q Ver t0 

in the same manner as if no alterations had taken place as to the time of holding the said U ^^l^" 
•oui ts, any law to the contrary notwithstanding. 



said courts-. 



ABRAHAM JACKSON, Speaker of the House of Representatives 
SOLOMON WOOD, President of the Senate, pro tern, 



Assented to, May 11, 1803. 

JOHN MILLEDGE, Governor. 






AN ACT 



To divorce Betsey Chandler Williamson and Mathias Williamson, her husband. 



W 



HEREAS it appears that the parties in the ahove recited case, have had a fair 
trial in the Superior Court, and a verdict hath been obtained, authorizing. a total divorce, 
therefore : — 



(No. 87.) 



Preamble. 



Sec. 1. BE it enacted by the Senate and House of Representatives of the State of 
Georgia, in General-Assembly met, That from and after the passing of this act, the 
matrimonial connection, or civil contract of marriage made between the said Betsey 
Chandler Williamson, formerly Betsey Chandler Blackwell, and Mathias Williamson, 
her husband, shall be completely annulled, set aside, and dissolved, as fully and effec- 
tually, to all intents and purposes, as if no such contract had ever heretofore been made 
and entered into between them. 



DiyorcetS 



Sec. 2. And he it further enacted, That the said Betsey Chandler Williamson is 

hereby declared a feme sole ; and she shall not in future be allowed, on any pretence She declare d 

whatever, to charge the said Mathias Williamson, his heirs, executors, or administra- andnotailoV-- 

tors, or his or their estate, with any debts or dues of her contracting, or with actions ed M \ cla , 1TO 

' •> ° upon her hu3* 

of or for damages, for or on account of any tort, trespass or damages whatever, which band. 
shall be hereafter committed or done by the said Betsey Chandler Williamson ; nor shal\ 
she be entitled to dower of, in, or out of the estate of said Mathias Williamson, but 
shall be considered as barred of that right, and as having forfeited the same,, 

P 



11* 



LAWS OF GEORGIA, 



(No. 87.) Sac. 3. And he it further enacted, That the said Betsey Chandler Williamson, and 
t^elvsepa- 6 "" M a< -*>i as "Williamson, in future shall he deemed and considered as distinct and separate 
iate. persons, altogether unconnected by any mistical union or civil contract heretofore enter- 

ed into between them. 

ABRAHAM JACKSON, Speaker of the House of Representatives, 

SOLOMON WOOD, President of the Semite pro tern, 

Assented to, May 9 th, 1803. 

JOHN MILLEDGE, Governor. 



[o. 88.) 



Believed. 



AN ACT 



To- take off the ast of Confiscation and Banishment, the name of James Hume* 



!«E it enacted by the Senate and House of Representatives, in General 
Assembly met, and it is hereby enacted by the authority of the same, That the act, 
entitled, " An act for inflicting penalties on, and confiscating the estates of such per- 
sons as arc therein declared guilty of treason, and for other purposes therein mentioned," 
passed the fourth day of May, one thousand seven hundred and eighty-two, so far as 
relates to the banishment of James Hume, be, and the same is hereby repealed } and 
that the said James Hume be, and he is hereby restored to all the rights of citizenship, 
with full liberty to remove into this State. Provided, That he shall not be entitled to 
claim, hold or recover any property under the above recited act, formerly belonging to 
the said James Hume. 

ABRAHAM JACKSON, Spcalcer of tlic Mouse of Representatives* 

SOLOMON WOOD, President of the Senate pro. tern. 
Assented to, May 9, 1803. 

JOHN MILLEDGE, Governor. 



PASSEB IN THE YEAR 1803. 



US 



AN ACT (No. 89.) 

Wo secure to Jesse M'Call, the exclusive right to erect a TollBridge over the river 

Great Ogechec* 

E it enacted fty the Senate and House of Representatives of the State of Georgia, in 
General JLssembhj met, and by the authority of the same, That from and after the passing Allowed a toll 
of this act, that Jesse M'Call, his heirs and assigns, shall have the exclusive right to the toll estab* 
erect a toll bridge over the river Great Ogechee, at or near his ferry on his own land, lislied * 
and shall be allowed two years to build the same ; and is authorized to receive the follow- 
ing toll, viz. — For every waggon aud team, fifty cents ; for every cart and three horses* 
twenty-five cents ; for every cart and two horses, eighteen and three quarter cents ; for 
every cart and one horse, twelve and a half cents ; for every man aud horse, six and 
a quarter cents j for every chair or sulkey, twenty-five cents | for every four wheel car- 
riage, fifty-cents ; for every foot passenger, four cents ; for every rolling hogshead, 
twenty-five eents ; for every head of neat cattle, two cents; for every head of sheep, 
hogs or goats, one cent : Provided, That nothing in this act contained, shall injure or 
impair the right of any other person or persons, any law to tiie contrary, notwith- 
standing.* 

ABRAHAM JACKSON, Speaker of the House of Representatives* 

SOLOMON WOOD, President of the Senate, pro tern, 

Assented to, May 9, 1805* 

JOHN MUJJEDGE, Governor. 












AN ACT 

To Pardon Joseph Bridges, 

HEREAS at a Superior court held in and for the county of Hancock, for 
February term, in the year of our Lord one thousand eight hundred and three, a certain 
Joseph Bridges was convicted of the crime of murder, and received sentence of death, 
to be executed on the eleventh day of March after the said conviction ; but on the peti- 



* See act of 1804, No. 139— Supplementary to this act. 



(No. 90. 



116 



LAWS OF GEORGIA, 



(No. 20.) lion of sundry persons, inhabitants of the said county of Hancock, to his Excellency 
the Governor, praying a respite for the said Joseph Bridges, which was granted till 
the twentieth day -of May next. 



Joseph riridg 
es pardoned. 



BE it enacted by the Senate and House of Representatives of the State of Georgia, in 
General -Assembly mtl, and by Hie authority of the scone. That from and immediately after 
the passing of this act,|the said Joseph Bridges be, and he is hereby declared to be fully, 
freely and entirely pardoned, exonerated and discharged from the pains and penalties of 
his said conviction, as fully, freely, clearly and entirely, as if such offence had never 
been committed or done by him, 

ABRAHAM JACKSON, Speaker of the House of Representatives. 

SOLOMON WOOD, President of the Senate, pro tern. 

Assented to, May 3, 1803,. 

JOHN MILLEDGE, Governor. 



(No. 910 *? ACT 

To enlarge and extend the time for reneiving certain audited certificates of this State* 



Time forre- 
-anewing' cer- 
tain audited 
[Certificates 

extended. 



E it enacted, Thattke time allowed by an Act, entitled, *« An Act for calling in 
the outstanding evidences of debts due from this State, and for issuing new ones in lieu 
thereof, under proper checks and restrictions," for renewing such audited certificates 
as are therein mentioned, l)e, and the same is hereby extended and enlarged for twelve 
months from and after the passing of this act, any thing contained in that or any other 
law to the contrary notwithstanding : — Provided, That the Comptroller General in 
renewing such certificates, shall take especial care to reduce such as may be found sub- 
ject to the scale of depreciation j and issue a new one for so much as may be found fairly 
and justly due, and no more. 

ABRAHAM JACKSON, Speaker of the House of Representatives. 
DAVID EMANUEL, President of the Senate. 

Assented to, November 28, 1803, 

JOHN MILLEDGE, Governor* 



PASSED IN THE YEAH 1S03. 



m; 



-AN ACT 

To repeal an Act, entitled (( An Act respecting Vendue Masters" so far as the same 
restricts and limits the number of Vendue Masters for the City of Savannah. 



(No. 92.) 



W, 



Preamble, 



HEREAS the restricting and limiting the number of Vendue Masters foivthe city 
of Savannah^ hath l)een found by experience to be injurious to the inhabitants of the 
said city, and the trade and commerce thereof. 

Sec. i. BE it therefore enacted by the Senate and House of Representatives of the The act re* 
State of Georgia, in General Assembly met, and it is hereby enacted by the authority of number^of * e 
tliesame, That the said act, entitled "An Act respecting Vendue Masters," be, and the vendue mas- 

~* ° ters in Savan. 

same is hereby repealed, so far as the same restricts and limits the number of Vendue nah to two, 



Masters for the city of Savannah. 

Sec. 2. And be it further enacted, That the Mayor and Aldermen of the said city, 
be, and they are hereby authorized after the first day of March next, to appoint and 
license such number of Vendue Masters for the said city, as they in their discretion shall 
think proper; such Vendue Masters first paying to the said city, the sum required by 
law, and giving bond and security to the State, agreeably to the act for regulating Ven- 
dues, which bond and security the Mayor and Aldermen are hereby authorized and requi- 
red to take before such Vendue Masters shall be licensed, and transmit the same to the 
Treasury Office of this State. 

ABRAHAM JACKSON, Speaker of the House of Representatives. 
DAVID EMANUEL, President of the Senate, 
-Assented te, November 28, 1803. 

JOHN MILLED GE, Governor, 



repealed. 



Mayor and 
aldermen of 
Savannah may 
appoint asma- 
nyas theymay 
think proper- 



AN ACT 

.For the relief of the legal representatives of Arthur Carney, deceased. 

HEREAS the Legislature of this State, by their resolution passed at Augusta, 
«athe first day of August, seventeen hundred and eighty-three? did vest in the minor 



(No. 93.) 



Preamble; 



118 



LAWS OF GEORGIA, 



(No. 93.) 



Vesting 1 two- 
thirds ofllic 
estate of Ar- 
thur Carney 
in his repre- 
sent a lives. 



heirs and representatives of Arthur Carney, deceased, two thirds of all the estate of 
said Carney, which resolution requires an act of the General Assembly, to carry the 
same into effect : — And whereas the said representatives haye not received the benefits 
intended by such resolution, 

BE it therefore enacted by the Senate and Mouse of Representatives of Hie State 
of Georgia in General Jlsscmbly met, and by the authority of the same, That two thirds 
of all the estate, real and personal, of said Arthur Carney, deceased, is hereby decla- 
red to be vested in his legal representatives, and their heirs, in conformity to the afore- 
mentioned resolution : Provided always nevertheless, tbat nothing herein contained sbali 
extend or be construed to extend to invalidate, or any way injure or destroy any right, 
title, or claim of any person or persons whatsoever, who may hold or claim the same, or 
any part thereof, under title derived from the commissioners of confiscated estates, 
or under any legal disposition thereof, made agreeably to any act or resolution of any 
former legislature. 

ABRAHAM JACKSON, Speaker of the Rouse of Represaitatives. 

DAVID EMANUEL, President of the Senate. 

Assented to, November 28, 1803. 

JOHN MILLEDGE, Governor 



(Wo, 9i.) 



Preamble. 



AN ACT 

To manumit certain persons therein named, 

HEREAS Sally Harper, late of Elbert county, and State of Georgia, deceased, 
did by her last Will and Testament, bearing date the fifteenth day of May, 1802, man- 
umit and set free, certain negro slaves, to wit : Peter, Bob, Joseph, Pompey, Abraham, 
David, Sarah, Grace, Jenny, Tilla, and Emma. 

And whekeas, Middleton Woods, Nathaniel Hudson, and Richard Hubbard, the 
executors named in the said last Will and Testament, have by petition, applied to the 
present Legislature, praying that the benevolent intentions of the said Sally Harper? 
towards the said negroes may be carried into effeet. 



PASSED IN THE YEAH 1805, H9 



BE it therefore enacted by the Senate and House of Representatives of the Stale of Geor- (No. 94.) 
gla in General Jlssembly met, That the said negroes, Peter, Bob, Joseph, Pompey, Certain sine* 

1)1 CtTl It JTl i bt€ <i 

-Abraham, David, Sarah, Grace, Jenny, Tilla, and Emma, he and they are hereby 
man umitted and set free, and they are hereby entitled to, and invested with all the privi- 
leges and immunities, to which free people of color are entitled by the laws of this 
State. Provided always nevertheless, That the said negroes hereby emancipated, be 
and they are hereby made subject to any legal or equitable claims, against the estate of 
$he~said Sally Harper, deceaseds 

ABRAHAM JACKSON, Speaker oftlie House of Representatives. . 

DAVID EMANUEL, President of the Senate. 

Assented to, Deeembcr 3, 1803* 

JOHN MILLED GE, Governor. 



AN ACT 
To manumit and make free certain persons of colour therein named. 



(No. 95.) 



HERE AS William Anderson, and Samuel Gairie, have petitioned the present 
Legislature, praying an act may be passed, to manumit and make free, Bess, and her p rS amblc. 
two children Elizabeth and John, the property of the said William Anderson, and Fanny 
and her three infant female children, to wit :• — Mary- Ann, Sally, and Lisza, the pro* 
perty of the said Samuel Gairie. 

BE it therefore enacted by the Senate and House of Representatives of the Slate 
of Georgia, in General Assembly met, and by the authority of the sdrns, That Bess and Certain slave a 
her two children, Elizabeth and John ; and Fanny and her three infant female children, 
to wit : — Mary-Ann, Sally and Lisza, be and they are hereby manumitted and made free, 
in manner and form, as manumission and freedom has been heretofore conferred by the 
Legislature of Georgia, on persons of colour. 

ABRAHAM JACKSON, Speaker of the. House cf Representatives, 
D AYID EMANUEL, President of the Senate. 
-Assented to, December 3, 1803. 

JOHN MILLED GE, Governor, 



120 



LAWS OF GEORGIA, 



(No. 96.) 



Preamble. 



Ebenezer II. 
Cummins ■ad- 
mitted to 
practice law. 



AN ACT 

To admit Ebenezer Harlow Cummins, to practice and plead in the several courts of 

Law and Equity, within this State. 



HEREAS the said Ebenezer Harlow Cummins, hath produced a certificate froai 
the honorable Matthew McAllister, formerly Judge of the Superior Courts for this State, 
and from the honorable John Griffin, whilst he was Judge of the said courts — the 
former, that he had examined the said Ebenezer II. Cummins, respecting his abilities, 
fitness, and capacity, to practice and plead in the several courts of Law and Equity 
within this State, and found him duly qualified $ and the latter, satisfactory as to his 
moral rectitude, and scientific information. 

BE it therefore enactedby the Senate and House of Representatives of the State of Georgia, 
in General Assembly met, and by the authority of the same, That the said Ebenezer Harlow 
Cummins, be and he is hereby admitted to practice and plead in the several courts of 
Law and Equity within this State, with all the rights, privileges, and immunities which 
attornies and practitioners of law, have or are entitled to enjoy; the said Ebenezer 
H. Cummins, first taking the usual oath administered to attornies upon their admission. 

ABRAHAM JACKSON, Speaker of the House of Representatives. 

JAREB. IRWIN, President of the Senate pro. tern*. 

Assented to, December 5, 1803* 

JOHN MILLEDGE, Governor. 



(No. 87.) 



Fertunate 
drawers to re- 
ceive their 
grants free of 
purchase. 



an act- 
to alter and amend " An Jlct to make Distribution of the late Cession of Lands, obtained 
from the Creek Nation by the United States 9 Commissioners, in a Treaty entered 
into at or near Fort Wilkinson, on the sixteenth day of June, eighteen hundred 
and two,' 9 passed at Louisville the nth day of May, 1803.. 

Sec 1 uAi 

' * JLJE it enacted by the Senate and House of Representatives of the State of 

Georgia, in General Assembly met, That the persons against whose names any survey or 

surveys of land shall be drawn in pursuance of the before recited act, or their legal 



PASSES -IK THE YEAR 1803. 



121 



representatives, shall be entitled to receive grants for the same, vesting in them fee sim- (No. 97.) 
pie titles free of purchase, immediately on paying into the Treasury of this State, the 
sum of four dllars per hundred acres, in lieu of all fees of office and other charges, 
for surveying and granting the said land, any thing in the said act contained to the con- 
trary notwithstanding,* 

Sec. 2. Jlnd be it further enacted?- That the 11th and 15th sections of the before ■ ^oM^f the 

act of May, 
1803,repealed 



recited act, he and the same are hereby repealed. 



Sec. 3. JLnd be it further enacted. That in order to ensure a more faithful dis- 
charge of the duties assigned to the several district surveyors, the time prescribed in the Time exten- 
ts ° ded for the 

5th section for making the surveys, be extended from ninety to one hundred and fifty completion of 
days; any thing in the said section contained to the contrary notwithstanding, 

ABRAHAM' JACKSON, Speaker of the House of Representatives* 

JARED IRWIN, President of the Senate, pro. tern, 

Assented to, December 6, 1803. 

JOHN MILLEDGE, Governor, 



AN ACT 

Jlnthorizmg the establishment of a Tobacco Inspection, in the county of Franklin; 
on the lands of Stephen Heard and Hugh McDonald, opposite the confluence of the 
rivers Tugalo ana\ Seneca, - 



(No. 98.) 



Tobacco Tn« 



M3 E it enacted by tlte Senate and House of Representatives of the State of Georgia, 
in General Assembly met, That there shall be a Tobacco Inspection established in the 
county of Franklin, on Tugalo river, opposite the confluence of said Tugalo and Seneca , 
rivers, on the lands of Stephen Heard and Hugh M'Donald; which ware-house shall tablishecr - 
be subject to the several laws regulating ware-houses in this State. 

ABRAHAM JACKSON, Speaker of the House of Representatives. 
DAVID EMANUEL, President of the Senate, 
Assented to, December 7, 1803. 

JOHN MILLEDGE, Governor. 



* See act supplementary passed this s:;me session, No. 107, requiring the money to be paiauuo the Treasure 
.within 12 months, or the land reverts to the State. 

Q 



122 LAWS OF GEORGIA, 



(No. 99.) AN ACT 

To incorporate the Baptist Church, on Fishing crecli, in Wilkes county. 

Baptist 



church on' \. * ' JOE it enacted by the Senate and House of Representatives of the State of 

Fishing creek " ■ , - ,, , , j •,./, 

incorporated, Georgia in General Assembly met, and by the authority of the same, That Stark Brown, 
Earned. 1 USCCS lastly Coates, and Thomas Eidson, and their successors in office, shall be and they 

are .hereby declared to be a hotly corporate, and known by the name of the incorporated 

Baptist Church, on Fishing creek, in the county of Wilkes. . 

May hold Sec. 2. And be it further enacted by the authority aforesaid, That the aforesaid Stark 

trust C1 ' iy m Si'own, Lestly Coates, and Thomas Eidson, and their successors in office, shall be 

invested with all such property, both real and personal, as shall be bestowed on such 

society or church, by gifts, grants or otherwise in trust, for the use and benefit of the 

said society or ehurch* 

Sec. 3. And T>e it further enacted by the authority aforesaid, That the aforesaid soei- 
The church c ty or church, or a majority of them, shall at any time they may deem proper, proceed 

may appoint 

other trustees to elect other persons as trustees, in the room of the aforesaid Stark Brown, Lestly 
Coates, and Thomas Eidson, or either of them, or their successors in office, giving said 
society or church, thirty days notice thereof!. 

Sec. *. And be it further enacted, That the aforesaid trustees, and their successors 

The trustees in office, shall be and they are hereby declared to be a body corporate, and capable of 

dy corporate! sueing and being sued, of pleading and being impleaded, and of using all legal measures 

for recovering or defending any property, which the said society or church may have? 

hold, claim or enjoy, 

ABRAHAM JACK.SON, Speaker of the House of Eepresentativest 

DAVID EMANUEL, President of the Senate, 

Assented to, December 7, 1803. 

JOHN MILLEDGE, Governor 



PASSED IN THE YEAR 1503. 



123 



AN ACT 

To amend the. seventh and, eleventh sections of the law respecting Estrays, passed at Louis- 
ville, on the 39th of November, 1801. 



(No. 100.) 



Sec. 



»E it enacted by the Senate and House of 'Representatives of the State of 



Georgia, in General Assembly met, That from and after the passing o'f this act, no neat t f e °tak«n ° js 

oattle taken up as estrays, shall he sold under twelve months, from the time of beine* f atra y^ sha ^ 

1 " ° be sold under 

tolled; and it shall be the duty of the Clerks of the Inferior Courts, previous to the 12 months. 

advertisement and sale of such estrays hj the Justice before whom they may have been 

tolled, to advertise at the door of the court-house, all such estrays, on the first day of 

every succeeding term ef the Superior and Inferior Courts, which may happen in the Toleadv.< 

county within the said term of twelve months. 



ti&ad. 



Sec. 2. And be it further enacted, That the respective Clerks of the Inferior Courts, 
shall be entitled to .receive as full compensation for each estray so advertised, twenty-five 
cents ; and the persons taking up such estrays, shall be allowed a reasonable compensa- 
tion for their trouble, to be adjudged by the justices of the district where such estray 
may be tolled, or any two justices ©f the county,, any thing contained in the before reci- 
ted act, to the contrary thereof notwithstanding. 



Fees of the 
clerk 25 cents 
on each e stray- 
so advertised. 

Of the person 
so taking them 
up. 



Sec. 3. And be it further enacted, That the Justice for his services^ exclusive of Justices fees. 
eommissions, shall receive the sum of twenty- five cents. 

ABRAHAM JACKSON, Speaker of the House of Represent aiires, 
©AVID EMANUEL, Pmidmt of the- Senate., 
A ; tsented to, December 7, 180S, 

JOHN MILLEBGE, Goyeswob,. 



To amend an Act, entitled "An Act, to -regulate Attachments in this State." 



HERE AS doubts have arisen in the courts of the Eastern District 



(No. 101.) 



, concermnff „ , , 

° Preamble 



the operation of the Provincial Attachment Law, passed the 9th4ay of Jiuw, 1761, .and 
whether the same has been repealed, 



124 



LAWS OF GEORGIA, 



(No. 101.) BE it therefore enacted hy the Senate and House of Representatives in General Jtssem- 

tachS.t law tty met > That the said Provincial Attachment Law, is hereby declared to be repealed, 

repealed. 

-'ABRAHAM JACKSON, Speaker of the House of Representatives. 
DAVID EMANUEL, President of the Senate. 
Assented to. December 7, 1803. 

JOHN MILLEDGE, Governor, 



'(No. 102.) 



Preamble 



Commission- 
ers of theChat 
ham Academy 
permitted to 
sell the Acad- 
emy lots, and 
all contracts 
already made 
declared valid 



AN ACT 

To authorize the commissioners of the Academy of the county of Chatham, to sell 
and dispose of such lots and tracts of land, the property of the said Academy, as 
•they shall deem advantageous; and to confirm such contracts and sales as the said 
commissioners have heretofore made. 



HEREAS the Legislature of this State have heretofore granted lands and made 
donations to the Academy of the county of Chatham, and to other counties, the better 
to enable such counties to promote and encourage learning, and the education of youth : — . 
And whereas the commissioners of the Academy of the county of Chatham, have pur- 
suant to the allowance made them by law, purchased at the sales of confiscated property, 
several lots and tracts of land, and have otherwise obtained and received to the use, of 
the said Academy, divers other lots and tracts of land, which being unproductive and 
rather burthensome than otherwise, they the said commissioners, have thought it expedi- 
ent and beneficial to the said Acedemy, to sell and dispose of several of the lots and lands 
aforesaid ; and are of opinio* that it will hereafter be found highly beneficial and advan- 
tageous to sell and dispose of either of the said lots and lands : — And whereas, doubts 
have arisen as to the legality of the sales of such lands so made by the said commissioners 
as aforesaid ; whereby the said Academy hath suffered great inconveniencies, and the very 
laudable purposes of its institution been impeded — For remedy whereof, 

Sec. 1. BE it enacted hy the Senate and House of Representatives, of the State of 
Georgia in General Assembly met, and it is hereby enacted hy the authority of the same. 
That all contracts, bargains, and sales of lots and lands, the property of the said Academy 
already made, or which shall or may at any time or times hereafter be found necessary 
or expedient to be made by the conmiissioners of the said Academy, or a majority of 
them, be, and the same are hereby declared to be valid, good and sufficient in law, 



MASSED m THE YEAR 1803. ' ~m 



to all intents and purposes whatsoever, any usage, ctistom or law, to the contrary (No. 102.) 
-thereof in anywise notwithstanding. 

Sec. 2. And be it further enacted, That all monies arising from the sales of such Money ar*; 

lands as aforesaid, shall he used and applied hy the said commissioners as an accumula. If£;^/S; 

' live fund for the said Academy, by loaning the same at interest, or by the purchase of P 1 ^ to the 

^ t j. best adv&nt- 

other property, as to the said commissioner shall seem most beneficial and advantageous ug-e, 

to the said Acadenry. 

ABRAHAM JACKSON, Speaker of the House of Representatives, 
DAVID EMANUEL, President of tte Senate. 
Assented to, December 7, 1803. 

JOHN MILLED GE, Governor 



■AN ACT 

To authorize the Justices of the Inferior Court in the county of Bryan, to hold an 
extraordinary election for officers of the said county, according to law, tlte elec- 
tion for such officers not having taken place. 



(No. 103.) 



HERE AS the Justices of the Inferior Court, and Justices of the Peace, in the ™ ui 

7 1 reambje. 

county of Bryan, have neglected to hold an election for county officers, to wit : A She- 
riff, Coroner, and Gounty Surveyor, at the time prescribed by law, whereby the said 
offices have become vacant, to the great injury of the said county, and as doubts exist 
with the said Justices, whether they have power to order and hold an election to fill sucli 
vacancies — For remedy whereof, 

BE it enacted ly the Senate and House of Representatives of the State of Georgia, 
in General Assembly met, and by the authority of the same, That so soon as maybe after 
the passing of this act, the Justices of the Inferior court of the said county of Bryan, the inferior 
or any two or more of them, shall forthwith give notice in. one or more of the public an count f"!^ 
gazettes, or at the court-house, and three or more of the most public places in the tllorized ta 

• - _ -•.... h.>Id an elec- 

county, twenty days previous to the time to be by them appointed for holding the tion foi coiiii 
election to fill the said vacancies, and the said election shall be held and conducted in 
the same manner, and under the same regulations, as elections are bylaw held in 
like cases. 

ABRAHAM JACKSON, Speaker of the House of Representatives, 

DAVID EMANUEL, President of the Senate* 
Assented to, December 10, 1803. 

JOHN MIJLL^DGE, GoyernoBo 



ty officers, 



12C- LAWS' OF GEORGIA,. 



">'■> T 



(No. 104.) AN ACT 

To authorize the Commissioners of ihc town of Louisville to dispose of the JLlleys 
and part of several Streets therein pointed out. 



HERE AS it has been found from experience, that the alleys in the town of 
jpreainble !LouisvilIe, have notanswered the beneficial purposes for which they were intended, and 
the inhabitants thereof, conceive them.- to be a disadvantage, and dangerous to their 
hcalth — For remedy whereof, 

Sec. 1. BE it enacted by the Senate and House of Representatives of the State of Geor- ■ 
gia in General Assembly met, That it shall and maybe lawful for the commissioners 
fi:- of i^uis- of the said town, to sell and dispose of the said alleys, under the restrictions herein after 
\.lk ■authon. men tioned, viz. That the commissioners aforesaid, shall within three months* after the 

zed to sell the ' 

alleys in said passing of this act, proceed to assess the value of the alleys where they intersect 

town, under ••■-'•;.• 

restrictions, lots, that have been disposed of, and the proprietors of such lots shall have the prefer- 
ence, in the purchase of the half of such alleys, as adjoin their respective lots, at the rate 
assessed as aforesaid by the commissioners, and in case the proprietor of a lot adjoining 
one side of an alley, shall refuse to purchase agreeably to the aforesaid assessment, one 
half of the said alley adjoining his lot as aforesaid, then, and in that case, the propri- 
etor of the lot adjoining on the other side of the said alley, shall have the privilege of 
purchasing the whole thereof, agreeably to the said assessment, and in ease the propri- 
etors of lots, on each side of such alleys, shall refuse to purchase as aforesaid, then the 
same shall be disposed of at public sale to the highest bidder. And ail the alleys adjoin- 
ing lots that have not been disposed of, shall be divided equally between the several lots, 
by adding ten feet in breadth of such alley to each adjoining lot.. 

Sec. 2. And hi it further enacted by the authority aforesaid, That the said commis- 
^-iay sell part sioncrs are further authorized and empowered to dispose of to the highest .bidder, so 
«i several j-nueh.of Mulberry-street, as intersects lots number one hundred and forty-one and one 

streets & the ^ . "' ;•» 

money in each hundred and forty-two, so much of Walnut-street, as intersects lots number one hundred 
ihered over and forty -four and one hundred and forty-five: and so much of Peach-street, as intersects 
to tae com- j ^ g miIB |j el , onQ hundred and forty-eight and one hundred and forty-nine, and the monies 

imssioners of ■'•>•" ~ ~.™ ^ - ■ .• 

*1k academy! arising from the aforesaid salag of alleys and parts of streets, shall be paid over by the 
commissioners aforesaid;, unto the commissioners of the Academy in the said town, to be 
applied towards the repairs and fo& the benefit of the said Academy,. 



See act of 1804, No. 158, extending the time to the first day of October, 



PASSED IN THE YEAR 18GS, 127 



Sec. 3. And he it further enacted, That conveyances from the commissioners of the (No. 104.) 

town of Louisville as aforesaid, for the sercral alleys and parts of streets aforesaid, shall Conveyances 

. . by them valid 

fee good and Yalid, to all intents and purposes, any law to the contrary notwithstanding;. 

ABRAHAM JACKSON, Speaker of the House of Representatives^ 

DAVID EMANUEL, President of the Senate, 

Assented to, December 10, 1803. 

JOHN MILLEDGE, Governor r 



AN ACT 
For the letter regulation of the town of Waynesborougli. 



(No. 103.) 



*E it enacted hi the Senate and House of Representatives of the State of Commission- 

» v . } . * •> <f e r* of Wayneo 

Georgia, in General Assembly met, and by the authority of the same, That from and after borough to 
the passing of this act, the commissioners of the town of Waynesborough, in Burke 
county, for the time being, or a majority of them, shall be, and they are hereby vested 
with full power and authority, to make such bye-laws, rules, and regulations, and to 
inflict or impose such fines and penalties as to them shall seem right, for the better 
regulation of the town aforesaid and the commons thereof, provided such bye-laws and 
regulations be not repugnant to the laws and constitution of this State, 

Sec. 2. And be it further enacted, That the said commissioners or a majority of them 

shall on the first Monday in January next, meet at the town of Wavnesboroush, for To meet on 
„ . . J ° ' the 1st Mon- 

the purpose ot carrying this act into execution, and shall from thence forward, meet day in Janu?.- 
by their own adjournment, in the said town, when and as often as they or a majority of ^ereSef^ 
#iem may think expedient, for the purpose aforesaid. * heir own acL " 

, journmenti 

''' 

ABRAHAM JACKSON, Speaker of the House of Representatives, 
BAYID EMANUEL President of the Senate, 
Assented to, December 10, 1803. 

SOHN MILLEDGE, Governor. 




I2fr~ &AWS OP GEORGIA* 

(No. 106.) j^ ACT 

To lay out and establish a Coimty in the Territory lately acquired by cession from* 

the General Government. 



Preamble. 



IIEREAS by certain articles of agreement and cession, entered into on the 24th 
day of April 1802, by and between the commissioners of the State of Georgia, on th6* 
one part, and the commissioners of the United States, on the other part, a tract or terri- 
tory situated south of the southern boundary of the states of North- Carolina and Tennessee* 
and adjoining this State, was ceded by the United States, to the State of Georgia : — And 
whereas the Indian claim to that part of the said territory, lying at the head of French 
Broad River, and witl an the following boundaries, to wit : — Beginning on the summit of 
the ridge of mountains called the Blue Ridge, where the same is crossed by the latitude 
thirty-five degrees north of the equator ; thence with the said ridge of mountains to the 
temporary boundary line, run by. General Pickins, between the Cherokee tribe of Indians, 
and the State of South-Carolina, along the said boundary line, north forty-five degrees 
east to au Ash-tree, at the distance of forty miles on the said line, from Tugalo river s 
near the mouth of Brass-Town-Creek ; thence along the boundary line run by Colonel 
Meigs under the authority of Congress, north fifty degrees west, to the intersection of 
the said line, with the parallel of latitude, thirty-five degrees north of the equator 5.,.. 
thence along the said parallel of latitude, to the summit of the Blue Ridge aforesaid, 
was extinguished by treaty held and concluded near Tellieo, on the 2nd day of October, 
1798, and a considerable settlement has been formed thereon, and the inhabitants thereof, 
have petitioned this legislature to be incorporated in the government of this State. 

Territory on Sec. 1. BE it therefore enacted by the Senate and House of Representatives , of the 
Broad laid off Stale of Georgia, in General Assembly met, That the territory lying within the boundary 

inacouniycai j asi mentioned, to which the Indian claim hath been extinguished, shall be a county to 
fed W-altoH. , 

be called and known by the name of Walton. 

Sec. 2. And be it further enacted, That Richard Williamson, Kitt Smith, James 
infer imCourt Lcfoyj Ebenczer Fain, and Reuben Allan, be and they are hereby appointed Justices of 
h^vi'n^ * ne Inferior Court of the said county, which court shall have the same powers and juris- 
diction, as the Inferior Courts of other counties within this State. 



I nerein. 



Sec. 3. And be it farther enacted, That the Justices of the Inferior Court aforesaid, 
povesofflaid or any three or more of them, be, and they are hereby invested with full power and 
Ja hrts. authority, to decide and fix upon some convenient situation, as nearly central as circum- 

stances will admit of, on which shall be erected a Court-House and Jail, to define the 
militia company districts, not exceeding two in the said county, which shall be added to, 
and become a part of the third Brigade of the third Division of the Militia of this 



PASSED IN THE YEAR 1303. 12* 



Stale ; to appoint two constables, one for eacli militia company district, who shall scve- (Mo. 106,) 
rally hold their appointments for two years from and after the day of their appoint' 
meats, and until successors shall he appointed and qualified,' to levy a county tax on thift 
inhabitants of the said county, in such manner as they may deem least oppressive, for the 
purpose of raising a fund for building the court-house and jail, and other county purpo- 
ses— and to appoint a collector to collect the same, who shall give bond in the penalty of 
double the sum, to be collected with such security as the said Justices may approye of» 
for the faithful discharge of -his duty, and the trust reposed in him. 

Sec. % And he it further enacted, That until a court-house shall be completed at the 
permanent seat to be fixed upon as aforesaid, the courts shall be holden, and other public 
business of the county transacted at the dwelling house of William Allan. 

Sec. 5. And be it further enacted, That the Justices ef the Inferior Court aforesaid, to nominate 
®r any three or more of them, shall assemble at the place herein before pointed out for pl^ e the 
holding courts, on the first Monday in January, one thousand eight hundred and fours 
and after publicly administering to each other, and severally subscribing the oaths pre- 
scribed by the laws and constitution of this State, to be administered to the Justices of 
the Inferior Courts, they shall nominate two Justices of the Peace in each militia com- 
pany district, and transmit such nomination to his Excellency the Governor without 
delay, in order that commissions may issue to such Justices of the Peace, 

Sec. 6. And he it further enacted, That the inhabitants of the said county shall he 
entitled to elect and return one Senator and one Representative, to the Legislature under 
the same regulations and restrictions as other counties ia this State 5 and to elect militia 
-officers in the manner pointed out by the militia laws of this State* 



give n» 



Sec. 7. And he it further enacted, That it shall be the duty of 'the said Justices of m , „ 

Shall give n« 
'the Inferior Court, or any two or more of them, to give notice at the place appointed for tice and ho'l<* 

holding courts, and at two other of the most public place!? within the county, twenty JuntSSeS 
days previous to the day appointed for holding an election, and shall hold an election for 
Clerk of the said court, Sheriff, Coroner, and county Surveyor j which election shall 
■be by ballot of all the free male citizens of the said county, above the age of twenty-one 
years, and shall be opened, held and conducted by the said Justices, in the same manner 
as other elections for county officers are held within this State ,• and the persons bavin- 
tfce highest number of votes shall be declared duly elected, and shall hold their offices 
diariag the time prescribed by the laws and constitution of this State, and shall be com- 
missioned by the Governor, and take the oaths of office prescribed by law. 

Sec. 8. Jlnd he it further enacted, That all free white persons citizens of the United 
•States, being actual settlers within the limits of the said county, on the sixteenth day of 

R 



ISO .LAWS OF GEORGIA, 



(No. 106.) May last past, who may hence Forward conform to the lav, s and government of this State, 

pkil county en s ^ ia ^ **c Entitled to a preference founded on occupancy, to the lands on which such per- 

p& 16th May sons were so settled, not exceeding two hundred acres to any one family, and shall receive 

entitled to grant? for the same, free of purchase, (office fees excepted) when, or so soon after as 

ncy/ia-prei aa office shall be opened for granting out the said lanrl, as circumstances will permit. 

ferepce to o. , 
tjiejs, not ex- 
ceeding 200 a Sec. 9. And be it further enacted, That his Excellency the Governor be authorized? 

and he is hereby requested to make immediate application to the government of North- 
Tins act sus- Carolina, to co-operate with this State in running: out and plainly marking; the dividing; line 

pended, six ° ■ ° 

months until between the two States without delay, and for this purpose to appoint three tit and proper 



linecunberim persons, with full power on the part of this State, to join such persons as may be oppoin- 

- tween this ted with like powers, on the part of the State of North-Carolina, to run and plainly 

jroliija.* mark the said dividing line : and this act shall stand suspended, and not take effect until 

the aforesaid line shall have been run accordingly, provided the same shall be so run and 

marked within six months after the passingof this act.* 

ABRAHAM JACKSON, Speaker of the House of Representatives. ■: 

DATID EMANUEL, President of the Senate, 

' Assented to, December 10, 1803. J 

JOHN M1LLEDGE, Goveknoe. . 



AN ACT 



(No. io?.) 



Time Forte* QEC. 1. 



mis 



Supplementary to an Act, entitled "An Act to make Distribution of the late Cession of 
Land obtained from the Creek Nation by the United States* Commissioners, in a 
Treaty entered into at or near Fort Wilkinson, on the sixteenth day of June, eighteen 
hundred and two," and the Act relative thereto, passed the present session. 

Jl$E it enacted by the Senate and House of Representatives of the State of 

f.f'persojreen- Georgia, in General Assembly met and by the authority of the same, That the term allowed 

titledtp draws ,,. n -> - i -i 'i •' '■■** x» i j • 

extended, for receiving and transmitting the hst of persons who are entitled to draw tor land m 

pursuance of the aforesaid act, shall be, and the same is hereby extended and continued 

until the first day of March next. 

* See act of 1804, No. 143, appointing- commissioners to ascertain and fix the dividing line between this: State 
and the State of North-Carolina. See also resolution of 1810. where Mr. Ellicott is authorized to ascertain the 
3oth degree of north Latitude. 



PASSED IN THE YEAR'180S. *31 



Sec. 2. And be it further enacted In the authority aforesaid, That monies directed (No. 107.) 

J .. • i i A Monies direct- 

to be paid into the Treasury m lieu of office fees, in .pursuance of the act entitled « An cclto be p,;a 

Act to alter and amend an Act to make distribution of the late cession of land obtained {^j^'must 

from the Creek Nation by the United States' Commissioners, in a treaty entered into at be done m i_ 

J . , t months atler 

or near Fort Wilkinson, on the 16th day of June 1802," passed at Louisville the 11th the Lottery or 
day of May, 1803, shall be paid within the term of twelve months from and after the com- v ^ ts auc 
pletion of the lottery contemplated by the aforesaid act, and in default thereof, such 
lets of land on which the whole of the monies shall not then be paid shall revert to, and 
become the property of this State, and sold in like manner as fractional parts of surveys.* 

Sec. 3. And he it further enacted, That the legitimate child or children of any deceased Children 

citizen, whose mother has again intermarried, shall be and they are hereby declared to are dead and 
be entitled to one draw in the Land Lottery, in like manner as families of legitimate m odiermam- 

*-^ CO. ?_£j , 3.in 3 CT1-* 

children whose parents are both dead. , titled to a 

draw. 

Sec. 4.' And be it further enacted by the authority aforesaid, That it shall be the T st - PSoft!l . 
duty of the Justices of the Inferior Courts of the several counties, to correct the returns inferior Court 

•f»i n lii-i-riTT * ., to correct the 

oi the names oi persons enrolled in the Land Lottery, and transmit to the Governor, lists & return 
the lists so corrected, on or before the first day of March, who shall be governed by such g 1 ™,,^. 1 b "J' 
corrected lists, in arranging the drawing, or carrying into effect the said lottery. the 1st Mai ch 

ABRAHAM JACKSON, Speaker of the Eous& of Hspresentatives, 

DAVID EMANUEL, President of the Senate, 

Assented to, December 10, 1803. 

JOHN MILLEDGE, Governor, 



AN ACT 



(No, 108.) 



To carry into effect the twenty- fifth section of the first article of the Constitution 

of the Slate of Georgia. 

Sec 1 »-- 

li-E it enacted by the Senate and House of Representatives, in General justices of the 

■Assembly nut, and by the authority of the same, That it shall be the duty of the Justices ^JShSr* 

of the Inferior Courts, or any three of them in each county, respectively, within sixty t^pSi 

~ ________ , _ ; — . — ; ; _. sons fo 

* See act of ldU6, No. 2f% } entering the tune until the tenth day of November, 180?, * ' " 



m LAWS OF GEORGIA, 



■iSo. 108,) days after the adjouniment of this Legislature, to appoint one or more persons in each 
county, that is, one person to each battalion that may be in the respective counties, whose 
duty it shall be, to take a full and accurate census, or enumeration of all free white nons, 
and people of colour residing therein, distinguishing in separate, columns, the free white 
persons from persons of colour, and return the same to the Clerks of the S-r ieriot Courts 
of the several counties, certified under their hands, on or before the first day of \). ober 
next; the persons so appointed being severally sworn before ttie said Justices, or either 
of them, duly and faithfully to perform the trust reposed in them. And it shall be the 
duty of the said Clerks, to transmit all such returns, under seal, to the Speaker of the 
House of Representatives, on the first Monday in November next— Audit shall be the: 
duty of the Legislature, at their next session, to apportion the members of the House of 
Representatives, among the several counties, agreeably to the plan prescribed by the.: 
constitution. 

Justices of the Sec, 2. And he it further enacted, That in case the Justices of the Inferior Courts 
rized to dotlie shall fail to appoint persons to take the enumeration, within sixty days after the adjourn- 
dTf ifee^l? ment °f * nc Legislature, that then the Justices of the Peace, or any three of them, . 
the other Jus- shall have and exercise like powers respecting the said census. And if the census or 
enumeration of any county shall not be so taken and returned, then and in that case, the 
General Assembly shall apportion the representation of such county, according to the., 
best evidence in their power, relative to their population. 

Persons an- Sec. 3 * ^ n< ^ he it further enacted hxj the authority aforesaid, That the persone 
pointed their appointed to take the census or enumeration, shall receive the same compensation or re- 

'•;cmpensation 

numeration* as the tax return receiver gets for his services. « 

ABRAHAM JACKSON, Speakei* of the House of Representatives* 
DAYID EMANUEL* President of the Senates. 

Resented to, December 10, 1803. 

JOHN MILLED GE, . Govebwoj... 



PASSED IN' THE YEAR ±893. 



AN ACT" 0& i09 

To amend An Act entitled, «* An Ail for ordering and governing Slates it'Uhin tins 
State (ilien FrovinceJ passed on the tenth day of May, 1770," and; for establishing 
a jurisdiction for the trial of "offences committed by such slaves, and other persons 
therein mentioned, and to prevent the inveigling and carrying away slates from iheir 
masters, owners or employers, and for repealing such clauses of lazvs as militate 
against the same, 

Sec. l:" 1 "" 



i E it enacledby the Senate and House- of Representatives of the State of Georgia, An y person 

in General Assembly met, and by the authority of the same, That if any person or a slave any 

persons shall purchase from a slave, any produce whatsoever, such person or persons evL.^JftpaJ 

shall, for every such offence, forfeit and pay the sum of thirty dollars.* 30 doliais - 

Sec. 2. And be it further enacted by the authority aforesaid, That if the owner • Owners of 

t*. w u •* slaves not per 

or owners of any slave, shall permit such slave for a consideration or otherwise to have, mined to suf- 
hold, and enjoy the privilege of labouring', or otherwise transacting, business for him, hour for them 

her or themselves, except on their own premises, such owner or owners shall, for every selves under 

r k ' j p ain f thirty 

such weekly offence, forfeit and pay the sum of thirty dollars, except in the cities of dollars per 

Savannah and Augusta, and the town of Sunbury, places excep- 

ted. 

Sec. 3. And be it further enacted by ihe authority aforesaid, That the several fines 
and penalties imposed in pursuance of this act, or the before recited act shall in no one FIncs ho ^ 
instance exceed the sum of thirty dollars, and shall be recovered before a Justice of the recovered, 
peace, in the usual form of liquidated demands, a moiety thereof shall be applied to the 
use and benefit -of such person or persons, as shall sue for and recover the same, and 
the other moiety thereof, shall, within thirty days thereafter, be transmitted by the Jus- 
tice of the peace, before whom the same shall be recovered, to the Clerk of the Inferior 
Court of the county where he resides^ in support of the funds thereof. 

Sec. 4. And be it further enacted, That nothing herein contained shall go to eoai- No slave to be 
pel any slave to be put on his trial twice for one and the same offence* T^ tv ' icc % 

* * the same ox- 

fence. 

Sec. 5. And be it further enacted by the authority aforesaid, That so much of the 
before recited act as militates against (his act, shall be and the same is hereby repealed. <&a&P m§ 

ABKAHAM JACKSON, Speaker of the House of Representatives, 
. DAVID EMANUEL President of the Senate. . 
Assented to, December 10, 1803. 

JOHN MILLED GE, Governor, 



* See act of 1808, No. 343, to prevent dealing with Slaves^. 



* 6 ^ XAWS OF GEORGIA, 



BN HO.) AN ACT 



VvYights and 
mcsiiu-s of 
the cities of 



To regulate freights and Measures in this State, 



the s 
of the ft ; 



uie cities ot g ^ |_jr 

Savannah and jl! E if enacted hi} the Senate and House of Representatives of the State A? 

Augusta to be ^ UIU, "'. I I/ 

,d Georgia, in General Assembly met, and by the authority of the same, That the standard 
of weights and measures established by the corporations of the cities of Savannah and 
Augusta, and now is in use within the said cities, shall be and the same are hereby de- 
clared to be the fixed standard of weights and measures within this State: and all per- 
sons buying and selling, shall buy and sell by that standard, until the Congress of the 
United States shall haye made provision on that subject. 



inferior court Sec. 2. And be h 'further enacted by the authority aforesaid, That it shall be the duty 
ly required'to of tne J usliees of tlie inferior courts, or a majority of them, in their respective counties, 
procure a stan w their clerk or some other person specially authorized by them for that ma-nose, to 

dardirorf! said * 

places &w lun obtain from the said corporation or one of them, to be paid out of the county funds, the 
tisetj^sJSe standard of weights and measures as iixedby them, within six months from the passing 

l(wrt-ho ? us^& of *^ S act ' And i]lVit tlie sai(i J ustices or a majority of them, shall, so soon as they 

three other obtain the standard of such weights and measures, give thirty days notice thereof at 
places. 

the court-house, and three other public places in the county. And if any person or 

persons whosoever? shall sell or attempt to sell any. article or thing by any other or less 
weight or measure than that so established, he, she or they so offending, shall forfeit 
and pay three times the value of the article so sold or attempted to be sold, to be reco- 
vered before any justice of the peace, if it should not amount to more than thirty & \. 
Penaltv for lars, and if above that sum, before any judge of the superior court or the justices of the 
otheifh m the ^ J ^ er ^ 01 * eourt, by action of debt; one half whereof shall be for the use of the informer 
lawful atsnd- 0l . p erS on bringing the action, and the other for the use of the county in which such act 
or offence may happen. 



A mariiim 



Sec. 3. tHud be it further enacted by the authority (foresaid, That it shall be the duty 
>f the Justices of the Inferior Court or a majority of tliem, of the respective counties 
instrument," of. this State to procure a marking instrument, seal or stamp, for the purpose of mark- 

SlaTup or seal, . ' ;-■ . ; , 

to be piueu- jng, scaling or stamping all weights and measures within their several counties, which 
eL^tomark marking instrument, seal or stamp, shall remain in the clerks' office of the Inferior 

all weights or ^ our f by him to be affixed to any weight or measure which he may find to correspond 
measures to ' «/ * ° _ * - 

be used. with, or not less than the standards established by said corporations of Savannah and 

Augusta. •- 1. 



PASSED IN THE YEAIT1S03. 



-. Sec. i. ■ And he it further enacted, That the said Clerks of f he Inferior Courts, shall (No. 110/; 
receive six and one fourth cents for every weight or measure, by them so marked, scaled^ '^^ ' 
*r stamped, to he paid by the person obtaining the same. 

ABRAHAM JACKSON, Speaker of the House of Representatives, 

DAVID EMANUEL, President of the Senate, ■ 

Assented- to, December 10, 1803. 

JOHN MILLEDGE, -Governob, 



AN ACT" (No. Hi.) 

To compel the owners or occupiers of Cotton Machines within this Stale, to enclose 
the same, and in particular situations to remove the seed therefrom. 

Sec, 1. 



£E it enacted by the Senate and Mouse of Representatives of the Stale of 

J J A J •> Owners of «H 

Georgia in General Assembly met, and it is hereby enacted by the authority of 'ike same, ton machine: 

That from and after the first day of January next, it shall be the duty of all owners or friem. Q ° 
occupiers of cotton machines for picking of cotton, in all towns or villages, or immedi- 
ately in the vicinity of any town or village within this State, to enclose 'the "seed inWchJ 
manner as will effectually prevent all stock, especially hogs from eating them, 

Sec. 2." And be it further enacted, That all owners or occupiers of such machines as 
aforesaid, shall secure and keep the seed dry, or remove them at least once every week Torcmo-,eih> 
from said machine, to such a distance from such city, town, village or vicinity thereof, so pi , iVc m ~\«i 
as to prevent all the unwholesome effects resulting from the stench" and vapours arising 
from the seed, in their putred state, if suffered to remain in heaps ; and it shall be the 
duty of such owners or occupiers of such machines, to enclose the seed in the place to 
which" the same shall be removed, so as- to prevent his, her or their neighbors stock from 
feeding thereon, and toenciose- 

thern- 



effects from 
tjieir puteifac- 

linn. 



Sec. 3. And he it further enacted by the authority aforesaid, That from and after 
the first day of January next, that for every week, any owner or occupier of such pe^Jay^hah 
machine, who shall neglect to comply with the several dulies required of them by this ty for neglect 

• i ■■ — - . x mg to aowhat 

act, shall forfeit and pay. a sum not exceeding three dollars. is required by 

this act 



US LAWS OP GEORGIA, 



(No. 111.) Sec. i. And lie it further enacted, That it shall be the duty of all owners, or 

council mf occupiers of cotton machines at county sites in this State, to keep their machines suf 

cl y ncs ,;° en " ficiently enclosed, under the penalty of three dollars per week, from and after the first day 

of January next, so. as to ..prevent their neighbours' stock of all kinds from having access 

thereto. 

alftesailfo^" Sec. '5. And be it further enacted, That it shall be the duty of any justice of the 
be collected peace in whose district such alienee or offences may be committed, to issue his warrant 
upon information of any free white person, commanding such offender or offenders to be 
and appear before him at the next justices' court to be held in the district, to answer the 
charge alledged against him or them, and such justice shall issue summonses to compel 
the attendance of such witnesses as may he thought necessary to establish or defend the 
said charge, who shall be subject to attachment for non-attendance or refusing to answer 
on oatli such questions as may be asked him or them ; and if upQii such examination it 
shall appear thai such offender or offenders is or are guilty of any breach of this act it 
shall be the duty of such justice to enter judgment against such offender or offenders for 
the aforesaid sum of three dollars for each week the seed may remain uuremoved fand 
enclosed) from the said gins or machines as aforesaid. 

And that the said justices shall forthwith issue execution en the said judgment or 
How applied, judgments entered up, which execution shall be levied upon the goods and chattels, 
lands and tenements of such offender or offenders, and sold agreeably to the law regu- 
lating constables sales, and the monies arising *¥om such fine or fines, shall be paid into 
the hands of such justice of the peace, one half thereof to the use of the informer, and 
the remaining moiety shall be paid by the said justice to the clerk of the inferior court, 
to be appropriated to the same uses as other eeunty funds. 

SAC. 6. And be it furilier enacted, That if any justice of the peace shall in any 
If a Justice ot- manner offend against this act, it shall and may be lawful for him or them, to be sued 
or prosecuted in any one of the adjoining districts, and the same fees shall be allowed* 
levied and collected for services performed under this act, as are allowed for like servicer 

in magistrates* courts* 



fends how 
be sued 



ABRAHAM JACKSON, Speaker of the House of Representatives \ 

DAVID EMANUEL, President of the Senata 
Assented to, December ±0 P 1803. 

JOHN MILLEDGE, Governor, 



PASSED IN THE YEAH 1803, m 



AN ACT (No. 112.] 

To inanumit a man of color named Matt, and certain other persons of color 

therein mentioned. 



HERExlS Willtam Terrel, of the county of Willies, has petitioned for the man- ft^itaffle. 
umission and making free a certain man of color of his own property. 

Sec. 1. BE it enacted by the Senate and House of Representatives of the State of A nejp-o by 
Georgia, and by the authority of the same, That Matt, a certain man of color, the pro- f rce <i. 
pcrty of William Terrell, be manumitted and made free, and entitled to the privileges 
of other persons of color as are allowed by the laws of this State, according to the prayer 
of the petitioner ; Provided said Terrell gives bond and security to the inferior court of 
the county aforesaid, for the good behavior of said Matt, and to indemnify the county 
against his becoming a public charge* 

Skc. 3. And be it further enacted* That the following persons of color, to wit : — Simoa 
Manzo, late the property of William Few, Esq. formerly of the county of Columbia, Andothe a 
but now of the State of New-York; Flora, late the property of James Gunn, deceased; 
Priscella, late the property of Joseph Miller ; Tab, the property ef Jonathan Lewis, 

and Susannah, commonly called Susannah Jenkins, late the property of Jenkins, of 

Burke county, be, and they are hereby declared to be manumitted and set free, with the 
same rights which other persons of color are entitled to under the laws of this State : 
Provided, that each of the said persons of color shall be liable to all claims either in 
law or equity, against the respective owners of the said persons, and the respective 
owners shall give security to the inferior court of the county in which they reside, for 
their not becoming chargeable to the county. 

ABRAHAM JACKSON, Speaker of the House of Representatives, 

DAVID EMANUEL, President of tJie Senate, 

Assented to, December 10, 1803. 

JOHN MILLEDGE, Governor 



158 LAWS OF GEORGIA, 



(No. 113.) AN ACT* 



To make permanent the road on the north side of Great Ogechee River, from the 
place at which it leaves the road leadirig from Louisville to Savannah, to the toll- 
bridge over Ogechee. 

Preamble. t0ET 

v V HEREAS it is at all times important to provide by law for the opening and per- 
manent establishment of roads, that may contribute to lessen the distance from one prin- 
cipal main road to another throughout the different parts of the State, for the greater 
ease and convenience of the citizens thereof* 

Road on the Sec. 1. BE it therefore enacted by the Senate and House of Representatives of tlit 
Ogechee, lea. State of Georgia, in General Assembly met, and by the authority of the same, That the 

ding from the roa( | on fj ic ^orth side of Great Ogechee river, from the place at which it leaves the 

Louis viae ■■;•■... 

road to the road leading from Louisville to Savannah, to the toll-bridge over Ogechee, be, and the 

said river, same is hereby made a public and permanent road* 

made pernia- 
nent- 

obstructi. Sec. 2» And be it further enacted by tlie authority aforesaid, That all persons who 
moved in said nave placed obstructions in the said road, shall cause the same to be removed, within 
road under a s j x ty days after the passing of this act, at their own expense, under the penalty of a fine 

one dollar per of one dollar per day, for every day such obstruction shall remain thereafter. 

day. 

Sec. 3. And be it further enacted, That it shall be the duty of any Justice of the Peace 

How the pen- -> . 

altv to be eol- to issue his warrant on his own knowledge, or on the information of any free which per- 
son on oath, against any person within his district, who shall not remove or cause to be 
removed such obstruction as he may have placed in the said road, and award separate 
judgments and issue executions against such delinquent, for the amount of damage and 
costs for each and e\ery day that such obstruction shall have continued after the expira- 
tion of the time allowed by this act, for removing the same, which execution shall be 
levied, on any property of such delinquent, and the same shall be sold agreeably to the 
law regulating constables sales. 

James cunn Sec. *. And be it further enacted by the authority aforesaid, That nothing in this act 

excepted. * . . 

shall be construed so as to prevent James Gunn from stopping the road leading through 
his plantation, after he shall have put incomplete repair, the road leading from Reed's 
old field by Mrs. Mall's, into the main road from Savannah to Ogechee bridge, which 
said road shall be the road as designated by this act. 



* See a«t of 1804, No. 149, amendatory of this act. 



PASSED IN THE YEAR 1S03. 159 



court of Chat- 
ham. 



Sec. 5. And be it further enacted by the authority aforesaid, That the Justices of (No. IIS.) 
the Inferior Court of Chatham county, be authorized to appoint overseers on said road, j^gg^^ 
and proportion the hands to work thereon.* courtof chS 

ABRAHAM JACKSON, Speaker of the House of Representatives* 

DAVID EMANUEL President of the Senate. 

Assented to, December 10, 1803. 

JOHN MILLEDGE, Governok. 



(Ne. 114.) 



Alexander 



AN ACT 

To repeal an Act, entitled " An Act for inflicting penalties on, and confiscating the 
estates of such persons as are therein declared guilty of treason, and for other pur- 
poses therein mentioned," so far as relates to the banishment only of Alexander 
Campbell Wiley, James Alexander, Stephen Pierce, and William Pierce. 

E it enacted by the Senate and House of Representatives of flie State of Georgia, in 

General Assembly met, That so much of the Act entitled '< An Act for inflicting penal- c. Wiley. 

ties on, and confiscating the estates of such persons as are therein declared guilty of a |™ e c .. s steph- 

treason, and for other purposes therein mentioned," passed at Savannah on the fourth cn & William 

r * k Pierce taken 

day of May, in the year one thousand seven hundred and eighty two, as respects the ban- off the act of 
ishment (only) of Alexander Campbell Wiley, James Alexander, Stephen Pierce, and amS men ' 
William Pierce,, be, and the same is hereby repealed. 

ABRAHAM JACKSON, Speaker of tlie House of Representatives. 

DAVID EMANUEL, President of the Senate. 

Assented to, December 10, 1803. 

JOHN MILLEDGE, Gotekkor. 



* This Section repealed by act of 1804, No. 149, 



140 LAWS OF GEORGIA, 



(No. 115.) AN ACT 



To amend » an Act, to authorise John Strdhan, Willis Speer, and Joseph Mock, commis- 
sioners therein named, to open and keep open a road hack of the Big Bay in Effing- 
ham county." 



to^woJkon 16 SEC ' ! '-D e it enacted by the Senate and House of Representatives of the Stale of 
^idro&d. Georgia, in General Assembly met, and by the authority of the same, That the inhabi- 
tants living baek of the Big Bay, in the aforesaid county of Effingham, are hereby 
declared to be liable to work on the old road leading from Louisville to Savannah, by 
the house of Joshua Loper, in the aforesaid county, for six days in each year under the 
directions of the persons appointed to superintend the working upon the said old road. 

Repealing Sec. 2. And be it further enacted, That so much of the above act to authorize 
John Strahan, Willis Spier and Joseph Mock, to open and keep open a road back of 
the Big Bay in Effingham county, as militates against this act, be and the same is here- 
by declared to be repealed. 

ABRAHAM JACKSON, Speaker of the House of Representatives* 

DAVID EMANUEL, President of the Senate, 

Assented to, December 10, 1803. 

JOHN MULLEDGE, Governor. 



(No. 116.) AN ACT 

To amend an act, entitled " An Act to prevent encroachments on iJie river Savannah, 
and to remove such as now exist in the said river or elsewhere, within the juris- 
diction and limits of the city of Savannah," by adding to the number of commis- 
sioners therein named. 



Treatable. 



HEREAS the number of commissioners appointed by the said act hath been 
found too small to carry the same into effect and execution, so that the encroachments ©n 
the said river Savannah, still continue as at the time of the passing the act aforesaid. 



Sec. 1. BE it enacted by the Senate and House of Representatives of the State of 

Additional ... ,, -, i«j « ,, r™ 

commission- Georgia, in General Assembly met, and it is enacted by the authority cj the same, J. hat 
fr» appointed. j Be } g j iazer ghaffcr, in room of Josiah Tatnall, deceased, and John Lyons and John Glassy 



PASSED IN THE YEAR 1803. 141 



be and they are hereby nominated and appointed commissioners, in addition to those ap- (No. 116.) 

pointed by the said act, to carry the same into execution, and are hereby vested with the 

same power and authority as in and by the said act are given to the commissioners therein 

named ;■ the said commissioners or a majority of them, are hereby required as soon as 

may be after the passing of this act, to proceed to the execution of the act aforesaid, ac« 

eording to the direction, time, intent and meaning of the same. 

Sec. 2. And be it further enacted by the authority of the same, That his excellency gii/^emcrc!* 
the governor, be and he is hereby vested with full power and authority, to fill all vacan. 
eies that may happen during the recess of the General Assembly. 

ABRAHAM JACKSON, Speaker of ike House of Representatives. 
DAVID EMANUEL, President of the Senate. 
Assented to, December 10, 1803. 

JOHN MILLEDGE, Goveiotoju 



AN ACT 



(No. 117.) 



To amend and explain an act, entitled "An Act to revise and amend an Act, sup- 
plementary to an Act for regulating the town of Augusta f* and to amend an act, 
entitled « An Act fov regulating the town and of Savannah, and hamlets thereof 
and for other purposes. 9 * 



Plvamblc. 



HEREAS in and by the said act, it is amongst other things enacted, « That no 
person holding an appointment under this State, or the United States, (except justices of 
the peace and officers of the militia) shall be eligible to the appointment of an alderman 
And whereas doubts have arisen respecting the construction of the said clause of the 
said act, whereby (he minds of the inhabitants of Savannah have been much disqui- 
eted, and the eky injured, as many persons otherwise well qualified, have been deemed 
ineligible to serve as aldermen, by a rigid construction of, and adherence to the letter of 
the clause aforesaid. 

^ Sec. 1. BE it therefore enacted by the Senate and House of Representatives of the CcllSa , Ict; .. !t 
Stale of Gedrgia, in General Assembly met, and it is hereby enacted and declared by the of ti W *<| 
authority of the same, That the true mt^t and meaning of the said act was, and is, to E c|l>£» 



*** LAWS OP GEORGIA, 



(No. 117.) reader ineligible such persons only, who held or hold appointments under this State or 
the United States, to which any salary or compensation attached, payable by this State 
or the United States, and was not intended to extend, nor ought to be construed to extend 
to any person holding the appointments of justice of the inferior court, commissioner of 
pilotage, of academy, of poor or orphan-house, of roads, of bankrupts, public notaries 
or other appointments whatsoever, to which no such salary or compensation as aforesaid 
is attached 

ABRAHAM JACKSON, Speaker of the House of Representatives* 
DAVID EMANUEL, President of the Senate. 
Assented to, December 10, 1803. 

JOHN M1LLEDGE, Goyernoe. 



(No. 118.) 



Trustees of 



AN ACT 

To authorize the Board of Trustees of the University of Georgia, to sell a certain. 
tract of land of Jive thousand acres in the county of Hancock, belonging to the 
said University, together with such lots and other lands adjoining the torcn of 
Athens, as they may think proper, except thirty-seven acres, reserved for the Col~ 
lcg$ Yard. 

X3e it enacted, That the Trustees of the University of Georgia, be, &nd they are 
hereby authorized and empowered to sell and dispose of, in such manner as they may 
the' Universi! deem most for the benefit of the institution, the tract of land belonging to the said Uni- 
authoriz^to versity, situate in the county of Hancock, and to appropriate the monies arising from 
sell certain t ke sale, in such manner as in their judgment will most advance the beneficial purposes 
of the said University ; and that they also have full power and authority, to sell and 
dispose of in like manner, and for the same purpose, all such lots and land, situate in, 
and adjoining the site of the University, as they think proper, reserving nevertheless^ 
the quantity of thirty-seven acres of land for the College yard. 

ABRAHAM JACKSON, Speaker of the House of Repreuntalivcs. 
DAVID EMANUEL, President of the Senate. 
Assented to, December 10, 1803. 

JOHN MILLEDGE, Governor. 



PASSED 'IN THE YEAR 1803. 113 



AN ACT (No. 119.) 

T<o repeal an act, entitled <l An Act for vesting certain powers in commissioners, to 
purchase lands, and superintend the building a Courts-House and Jail, in the county 
of Bulloch*" 



* * JIB E it enacted by the Senate and House of Representatives, of the State of J^f bVldt 
Georgia in General Assembly met, and by the authority of the same, That all that tract ings of Bul- 
of land which was conveyed by George Sibbald, to the Inferior Court of Bulloch county, pointed out 
for public purposes, containing two hundred acres, shall be and the same is hereby and named 
declared to be the seat of the public buildings of Bulloch county, and shall be known and 
called by the name of Statcsborough. 

Sec. 2. And be it further enacted by the authority aforesaid, That John Everitt, Cbnmrisii- 

*' ^ y J oners appomt- 

Francis Kennedy, John Cook, James Williams, and Huestus Studstill, commissioners of ed to lay off 

the court-house and jail of the county aforesaid, or a majority of them, or of their sue- tain iotg 

cessors in office, shall and may lay out into lots, of such size as they may think proper, as t,ierein 

much of the aforesaid tract of land as they may deem necessary, and shall set up and 

expose to sale the said lots within six months after the passing of this act, and make 

■title thereto, and the monies arising from such sale, shall, by the said commissioners b» 

paid oyer to the Inferior Court of Bulloch, for county purposes. 

Sec. 3. And, be it further enacted, That from and after the passing of this act, Sections to 
the courts and elections for said county shall be held, and other public business be trans- ^ hekuIl «» 
acted at the said town of Statesborough, any law to the contrary notwithstanding. 

ABRAHAM JACKSON, Speaker of the Mouse of Representatives, 
DAVID EMANUEL, President of the Senate, 
Assented to, December 10, 1803. 

JOHN MILLEDGE, Goyerwor, 



iM LAtVS OF GEO&GIA, 



. ; x^^i^-S -l _ 



(No, no,) . AW ACT* 

T(» ap^ml ''*imr,rie8u>B,ersjr>r thebeilcr -regulation and government of the town tifEibeHor,* 

Prearnhk ■ "W^ 

f ? HEBE AS the town of Eiberton requires regulation: —■* 

Cbramissi'. ^ec. ls BE it therefore enacted by the Senate and House of Representativeb in General 
oners appoint. Assembly met, That the following persons to wit; Middleten Woods, Reuben lindsay? 
Doctor John T, Gilmer, Beckham Dye, and James Alston, be and they are hereby ap" 
pointed commissioners of the town of Elherton ; and that they, or a majority of them, 
shall immediately after th.e passing of this act, convene and proceed to the appointment of 
a clerk and such ohter oJHcers, as they may deem necessary to carry this act into execution, 

citizens of Sec. %« And he it further enacted, That the said commissioners shall hold their 
appointVther respective appointments hereby given them, until the first Monday in January, 1805, 
commission- a £ w }ij c h time, and oil every subsequent first Monday in January thereafter, the citi- 

crs, who arc 

tom.-Jee- laws, sens of Eiberton entitled to vote for member?? of the General Assembly, shall choose by 
ballot five persons to succeed them as commissioners of said town, and they shall have 
and they are hereby vested with full power and authority to make such bye-laws and 
regulations, and inilict or impese such pains, penalties and forfeitures, as in their 
judgment shall be conducive to the good order and government of the said town of Elber~ 
ton : Provided, that such byeJaws and regulations be not repugnant to the laws and 
constitution of this State. 

Sec, 3. And be it further enacted, That any two or more Justices of the Peace for 
-.idV'^thT" said county of Elbert, are hereby authorized and required to preside at said elections 
elections for for commissioners aforesaid ; Provided always nevertheless* That nothing herein eontai- 

commission * 

ers, and who wed, shall be so construed as to prevent the election of the commissioners herein before 
■ lgl named, and any person or persons who may hereafter he elected commissioners of said 

town shall be, re-eligible at the next, or any subsequent election after the expiration «f 
the time for which he, or ihvy may be elected as commissioners under this act, 

ABRAHAM JACKSON, Speaker of the, House of Meprmntatives,' 

DAVID EMANUEL, JPvcMmt of the Smote* 

Assented to, December SO, 1803, 

JOHN MILLED GE, Governor, 



:o enlarge the limits thereof wl extend H»jMriiciicUQR«-8ce «St of l$Q% Hfe* $*JO. 



PASSED IN THE YE All U02. Ut 



AN ACT (No. 121.) 

To amend an act, entitled an act, to establish an Academy or Seminary of learning at Sun- 
bary, Liberty county, passed at Augusta, the first day of February, 1788, so far 
as respects commissioners. 



HEKEAS by the said act only five commissioners were appointed, which number Preamble 
is thought too small for the great purposes intended. 



Sec. 1. BE it therefore enacted by the Senate and House of Representatives of the Addition of 
State of Georgia in General Assembly met, and by the authoritii of the same, That from comimssion- 

«/ ° • " *?.:.•'*' ers to Sunbu- 

and after the passing of this act, the number of commissioners for said Academy shall ry academy, 
he seven, and that Joseph Law and John Stevens, are hereby appointed in addition to the 
present commissioners : And whereas John Bettis, one of the late commissioners has 
died, by which a vacancy among the former five has arisen: Therefore be it enacted, 
That John Jones is hereby appointed in his room, and the said seven commissioners or a 
majority of them, shall have all the powers to act in all things respecting said Academy 
that were given the former commissioners.* 

Sec. 2. And be it further enacted, That so much of the before recited act as may Repealin.-- 
Xnilitate against this act, be and the same is hereby repealed. clause. 

ABRAHAM JACKSON, Speaker of the House of Representatives* 
DAVID EMANUEL, President of the Senate* 
Assented to, December 10, 1803. 

JOHN MILLEDGE, Govbbbtoii. 



AN ACT (No.. 122.) 

To authorize Ebenezer Jenckes, to establish a toll on the Newington road, between 
Joshua Loper's in the county of Effingham, and the city of Savannah. 

Sec. 1. 



>E it enacted by the Senate and House of Representatives of the State of E . j e nckes a> 

Georgia in General Assembly met, and by the authority of the same, That Ebenezcr lo ?^ t0 es " 

— , : . * ° ^ tabhsh a turn- 

„ _. . . pike road be- 

• This Section repealed by act of 1805, No. 182. tween Lopei s 



T 



and Savannah 



U* LAWS- OF GEOHGIAj 



(No. 122.) Jenckes, his heirs, executors, administrators or assigns, shall be bound to put the road 
fpoia Joshua Loper's in the county of Effingham, to the city of Savannah, (being the 
distance of twenty-one miles) in good and complete repair, to raise it three feet above 
the common surface wherever it may be necessary, and to make it twenty-six feet wide, 
to enable him to perform which, he is hereby authorized to take timber and earth the 
most convenient \ and the said Ebcnezer Jenckes shall be answerable for every damage or 
Injury occasioned by the badness or want of repair of the said road, during the period 
hereafter mentioned. 

Sec. 2. JLnd be it further enacted by the authority aforesaid, That the said Ebene- 

zer Jenckes, shall bind himself, his heirs, executors, administrators or assigns, together 

To be bound w m 4 ^ wo g. 00 d a nd sufficient securities, to be approved of by the commissioners hereafter 
to perform his ° . 

contract, named, to the said commissioners and their successors in office, in the penal sum of ten. 

'thousand dollars, for the performance of the aforesaid contract. 

Rates of toll. Sec. 3. Jind be it further enacted by the authority aforesaid, That for and in con- 
sideration of the repairing and preserving the said road, from John Loper's to Savannah, 
the said Ebcnezer Jenckes, his heirs, executors, administrators or assigns, shall be 
entitled to receive for the term of thirty years, the following rates of tollage, to be col- 
lected on the said road, not less than three, or more than eighteen miles from the city of 
.Savannah, to wit :-—• 

For every four wheeled pleasure carriage, - - - One dollar, 
For every two wheeled ditto - - - - - Fifty cents> 

For every waggon and team, ------- Thirty-one and a quarter cents., 

For every cart and horse, -------- Twenty-five cents, 

For every hogshead of Tobacco rolled^ - - - - Twelve and a half cents, 

For every man and horse, -------- Six and one quarter cents, 

And for ail black cattle and horses, per head, - - #One cent. 

Sec. 4. And be it further enacted by the authority aforesaid, That Joshua Loper, 

Barrack Gibbons, and David Francis Bourquine, be, and they are hereby declared to 

eislppobted be commissioners appointed under this act, and in case of vacancy by death, resignation 

to sa ijus act otherwise, of any of the aforesaid commissioners, that then his Excellency the 

earned into J ... 

effect Governor is hereby authorized to fill up the said vacancy, and they or a majority of the 

said commissioners, are authorized to declare at what time the said road is completed 

according to the first section of this act, when and not before, the toil or charges as 

fixed in the third section of the said act shall commence : — Provided, nothing herein 

contained shall be considered as stopping the road, leading from the Louisville road, to 

Mrs. Mall's, which is a public road, and to be worked upon by the county. 



See act of 1804, No. 144, giving' "him aid, and attending this aei>--aiidalso act of 1806, No. 



PASSED IN THE YEAR 1803. 147 



Sec. B. And be it further enacted by the authority aforesaid, That all acts heretofore (Ho. 123.) 
passed in contravention of this act, be, and the same arc hereby repealed. cWisef^ 

ABRAHAM JACKSON, Speaker of the House of Representatives, 

DAVID EMANUEL, President of the Senate. 

Assented to, December 10, 1803. 

JOHN MIIrLEDGE, Governor 






AN ACT 

(No, 123.) 

To authorize the Justices of the Inferior Courts of this State, to discharge Insolvent 
Debtors confined by process, from any court of this State ivhatever.* 



HEREAS in and by an act, entitled « an act to carry into effect the seventh sec- 
tion of the fourth article of the constitution," itis amongst other things enacted, « that 
from and after the passing of that act, any debtor or debtors charged in execution, or 
imprisoned for any sum or sums of monies, shall and may petition one of the Judges of 
the Superior Courts, if the execution or capias ad satisfaciendum issued therefrom, 
or the Justices of the Inferior Court, if issued from thence, setting forth that 
he, she or they are so confined, and are unable to satisfy the execution or execu- 
tions by virtue of which they are detained, and are willing to deliver up all their estate 
real or personal for the use of their creditors ; and upon such petition, the said Judge 
or Justices may, and they are hereby required by order or rule of court, to cause the said 
debtor to be brought up," and to proceed in such manner as therein directed, to the 
discharge of such debtor. 

And whereas the benevolent spirit and intention of the said act is in a great mea- 
sure defeated, and many debtors deprived of the benefits ef the same, for that by the 
said act, the power to discharge persons confined by process, from the Superior Courts, 
is only vested in the Judges of those courts who are frequently absent from the place of 
the confinement of the debtor, and the Justices of the Inferior Courts are only authorized 
to discharge persons confined by process from those courts, and cannot lawfully inter- 
meddle with persons confined by process from any other court whatever — For rem- 
edy whereof:-*- 

_ -■■■!■■,.- " - ' ' ***** 

* See act of 1809, No. 450, amendatory of this act, providing for the trial of fraud, on the- part of the 
debtor. 



Preamble, 



U* LAWS' OF GEORGIA, 



(No. 133,') Sec. 1. BE it enacted, That from and after the passing of this act, it shall and 

. ma-v be lawful to, and for the- Justices of the Inferior Courts, and they are hereby re- 

jQstices- of ; -'-'., 

the inferior quired, in the absence of the Judges of the Superior Courts, on the petition of any pcr- 

r'/zed' in all" son -° r persons confined for debt, whether charged in execution or otherwise, and whether 
c^sts to dis- <bo process by virtue of which such person or persons, is or are confined, be issued from 

charge msol- . *■■ . ' 

ventViebtois. the Superior or Inferior Court, Justices' Court, Court of Aldermen, cr other court of 
this State whatever, setting forth, that he, she, or they, are so confined, and are una- 
ble to satisfy the debt or demand for which they are confined, or to give bail to answer 
the same, but are willing to deliver up all their estate, real and persona!, for the use of 
their creditors— by rule or order of Court to cause the debtor to be brought up, and 
being brought up, the said Justices shall proceed with such debtor in such manner and 
form as in, the said act, to carry into effect the seventh section of the fourth article of 
the constitution is particularly mentioned, directed and set forth.. 

And whereas it often happens that prisoners, debtors and criminals are committed 
and sent to jails in other counties tlxan those to which they belong, and in which they 
r ought of right to be confined, to the great injury of the county to which they are so com- 
mitted, as the criminals in particular are frequently left there without prosecution. 

Magistrates Sec. %,, Be it therefore enacted, That from and after the passing of this act, it shall 

hound to com- ',-i '";■'■ ''' ' . „■ » \, .. . .., . ., ™ 

pel, the prose- noi » e lawiul lor any magistrate to commit a criminal to jail lor any offence against 
tffa^cS^'-to *ke State, without first compelling the prosecutor to give bond and security to prosecute 

give bond tnd according to law., 

security to 

prosecute. r ~ i 

Awd in all cases where debtors shall be committed under any execution or mesne 

And where 
debtors are process, at the suit of any person residing out of the county or State, the agent or 

'ihepkhuiffif attorney of the plaintiff, shall give like security for the maintenance and jail fees of the 
be lives out of deiendant. the maintenance to be paid weekly, and in failure thereof, the defendant shall 

the county, •'■■..." 

bound to main be discharged on application to the Justices of the Inferior Court, and in like manner 
when seamen are committed at the instance of their captains, who frequently leave them 
in jail, security shall be given to the jailor, before he shall receive such seamen, for 
their maintenance and jail fees, 



Repealing 



Sec. 3. And be it further enacted, That the said act to carry into effect the seventh 
section of the fourth article of the constitution, so far as the same militates against this 
act, be and the same is hereby repealed. 

ABRAHAM.. JACKSON, Speaker of the House of Representatives, 
DAVID EMANUEL President of the Senate, 
Assented to, December 10, 1803. 

JOHN MILLED.GE,. G.overwok.. 



PASSED IN THE YEAR 1S03. 14.9 



AN ACT (No. 12*.) 

For the heller regulating of the town of Greensborough, and for the appointment of 
commissioners of the Academy for the county of Greene, and Siloam-Meeting House, 
in said county. 

q Fr .i 1 ->" 

" v f ; £ it enacted by i he Senate and House of Representatives of the State of Georgia, 

in General Assembly met, and by the autlwrily of the same, Thut Jonas Fauch, Henry f Greensbo-' 
Garleton, « illiam "W. Strain, John McAllister, John Armour, and Fields Kennedy, ""jgliappoiR.- 
esquires, be, and they are hereby appointed commissioners of the town of Greensbo- 
rough, and that they or a majority of them, shall immediately after the passing of this 
act, convene and appoint a clerk, and such other officers as they may deem necessary,, 

Sec. 2. And be it further enacted, That the said commissioners shall have full 
power and authority to lease out the whole or any part of the common appendant or out J^ ^f 
appurtenant to the said town of Greensborough, for such time, and under such rules and mons of said 
regulations as to them shall be thought most conducive to the interest of the citizens of 
the town aforesaid =* 

Sec. 3. And be it further enacted, That the said' commissioners,- shall be commissi- m ., 

" ■ Said commas 

oners of the Academy of the county of Greene, with full power and authority to fix sioners to be 

upon a proper site for the erection of the Academy aforesaid, and they are hereby vested oners of the ai 

with full power to contract for the building of the said Academy, and every other thine 1 cademy of 

L & . J' J o Greene coim-- 

to carry the said institution into complete effect; and the said commissioners shall have ty. 
the said Meeting-Heuse in the vicinity of the town aforesaid under their immediate direc- 
tion and superintendance, so far as to keep the same in repair, and make all contracts 
which may be necessary for that purpose. 

Sec. ? a. And be it further enacted, That the Reverend James Ray, rector of the 

academy aforesaid, for the time being,- shall be president of the board of commission- a pp tnSlpS 

ers, who, together with a majority of the said commissioners shall have full power and f ldcn , t of the 

x bo^rd. 

authority to make all bye-laws, rules and regulations which may be necessary to carry the 

foregoing powers into complete effect : Provided the said bye -laws, rules or regulations , 

are not inconsistent with, or contrary to the constitutional laws of this Stale. And the 
• • i i jo • • i . . n Their powers. 

said board of commissioners when constituted as aforesaid, shall be vested with com- 
plete authority to enquire into all offences which may be committed against such bye- 
laws, and impose such fine, and -inflict such punishment, as in and by the aforesaid laws 
may be enacted against such offences ; Provided, That if any person or persons shall the J "^f t ° o f 
deem himself injured by such determination, such person or persons shall be at liberty (^appellate 
to appeal from such decision, to the next Justices' Court which maybe held in and for JU1 
the said district, and the said Justice shall proceed thereon as in appeal cases within 
his jurisdiction. 



■ * See act of 1804, No. 163. amendatory of this act.— See also act of 1810, No. 538, authorizing the commis. 
toners to sell the town, common, 



150 



LAWS OF GEORGIA, 



Sec. 5. Anil be it further enacted. That the said commissioners shall be ex-o fficio 
Justices of the Peace, so far as respects the execution of the several provisions of this 
act, and the bye-laws which maybe enacted, pursuant to this act; and that the said 
commissioners shall keep regular and fair minutes of fheir proceedings, and shall cause 
all bye-laws by them enacted to be entered upon such minutes, and also all decisions 
which may be made under the aforesaid laws ; which minutes shall be taken and held 
as records, and the said commissioners when constituted as aforesaid, shall have power 
to punish all and every contempt committed in their presence; provided that no fine or 
penalty which may be imposed for any offence committed against any of the provisions of 
any such bye-laws, as may be by them be enacted, shall exceed the sum of thirty dollars. 



(No. 124.) 

Commissi- 
oners, Justi- 
ces of the 
Peace Ex-Of- 
ficio. 

To keep fair 
and regular 
minutes of 
their proceed- 
ing's. 



. . Sec. 6. .Ittd ~be it further enacted, That the said commissioners when sitting to 

Commission- •? ** 

er's court io determine on any cause or plaint, arising under the bye-laws enacted pursuant to this 

M justices'* act, shall be governed by the act regulating Justices' Courts within this State: and all 

courts. sums of money for which judgment may be given, and all fines which may be imposed 

by the said commissioners shall be levied and collected by execution, in the same manner 

as money sued for and recovered in Justices' Courts within this State. 



Sec 7. And he it further enacted, That all monies arising from the rent of the 



Proceeds of 
the rents and 

fines to be ap- town-common, and from the imposition of fines and penalties, shall by the said eommis- 

phed to the " <. i * i r. • i j • * 

academy and sioners be applied to the erection and support of the Academy aforesaid, and repair of 
house. the Mecting-House, 



Sec. 8. And he it further enacted, That the commissioners aforesaid shall have a. 

eomm" s" corporate capacity, so far as to enable them to sue and be sued, and to receive and 

ers incorpo- acquire property both real and personal, either by gift, grantor purchase, and to hold 
rated and de- < „ , i ,<. . i 1-1,1.11 

clared a body the same in perpetuity, for the purposes and uses before mentioned ; and that the style 

politic. o j, t | ie sa - t | comm j ss i onerg s ] ia n be, " the President and Commissioners of the town of 

Grecnshor ougJi ." 



Commission- 
ers elective, 
When & how. 



Sec. 9. And he it further enacted, That the said commissioners shall continue in office 
until the first Monday in January, in the year 1804, at which time, and every subsequent 
first Monday in January, the citizens of the said town of Greensborough, entitled to 
vote for members of the General Assembly, shall choose by ballot, six persons to suc- 
ceed them as commissioners of the said town, which commissioners or a majority of 
them, together with the rector of the said academy, shall be, and are hereby vested 
with full power and authority to carry all the provisions of this act into full and com- 
plete execution. 

ABU AH AM JACKSON, Speaker of the House of Representatives* 

DAVID EMANUEL, President of the Senate. 
Assented to, December 10, 1803. 

JOHN MILLEDGE, Govkuxor. 



PASSED IN THE YEAR iSOS. 1B1 



Preamble, 



AN ACT (No. 125.) 

To amend an act, entitled, « An Act to oblige vessels and persons coming from places 
infected with epidemical distempers, to perform quarantine, and to prevent the bring- 
ing into and spreading malignant and contagious disorders in this State," and to 
give further authority to the mayor and aldermen of the city of Savannah, the bet- 
ter to enable them to carry the said act into effect. 

\y HEREAS the high fines and penalties inflicted by the act aforesaid, and the dif- 
ficulties attending the conviction of offenders, together with the want of sufficient power 
in the corporation of the city of Savannah to enforce the same, tend to render the said 
act ineffectual, and to defeat the salutary purposes intended thereby : — 

Sec. 1. BE it therefore enacted hy the Senate and House of Representatives of the 

State of Georgia, in General Assembly met, and it is hereby enaeted by the authority of jurisdiction 

the same, That from and after the passing of this act, the jurisdiction of the corpora- g^ 1 ^^ 1 ^ 1 

tion of the said city of Savannah, shall in cases of quarantine, extend to all ships and c.ses of quar- 

vessels, Avhich shall enter any port or inlet from Ossabaw to Tybce, including all inlets, tend from os- 

rivcrs and creeks within those limits- w^ *° T ^ 

f 

Sec. 2. And be it further enacted by the authority aforesaid, That it shall and may 
be lawful to, and for the mayor and aldermen of the said city, and thev are hereby „„ „ 

J . •>' * J The powers of 

vested with full power and authority to take cognizance of, and enquire into all viola- the Mayor & 

tions of the said act, committed within the limits aforesaid ; and upon such enquiry the curving into 
said mayor aud aldermen shall and may, as they shall think proper, according to the nature ^Tbefore r^ 
and degree of the offence, either bind the offender or offenders over to appear at the next ciied act." 
superior court, to answer to any indictment that may be preferred against him, her or them, 
in terms of the said act; or they may proceed against such offender or offenders in a sum- 
mary manner, as is usual and customary with the said corporation in other cases, and 
inflict and levy such fine or fines on the offender or offenders, not exceeding fifty dollars, 
for each and every offence, as they in their judgment shall think fit and necessary, to 
deter others from offending in like manner ; and in case no goods or chattels shall be 
found, whereon to levy such fine or fines as aforesaid, then it shall be lawful to, and 
for the said mayor and aldermen to commit the offender or oflenders to the common jail* 
there to remain without bail or mainprize, for a term not exceeding one month, or until 
the said fine or fines, together with the costs and charges of prosecution, shall be fully 
paid and satisfied ;. any thing in the said act contained to the contrary hereof in any wise 
notwithstanding. 

Sec. 3. And be it further enacted, That with respect to the other rivers and inlets TheSame 
of this State, the same powers which are hereby vested in the corporation of Savannah, powers given 

1 to the Justi- 

ces of the 



152 



LAWS OP GEORGIA, 



(No. 125.) 

Peace and 
Commission- 
ers of towns 
ndjr.cent to ri- 
vers & inlets, 
not included 
a&ove. 

Authorized 
to remove 
persons in- 
fected with 
contagious 
disorders 



is, and are hereby given to and vested in the justices of the county, or commissioners of 
the town adjacent to such inlets or rivers, or the commissioners of pilotage of the port, as it 
may happen ; and they are hereby authorized to proceed in the same manner as is herein 
before mentioned, with respect to the mayor and aldermen of Savannah. 

Sec. 4. And be it further enacted, That it shall and may be lawful to, and for the 
said mayor and aldermen to remove from the said city, any person or persons who may 
be infected with the small-pox, or other contagious disorder, to such place or places 
without the limits thereof, as they may appoint for that purpose.* 

ABRAHAM JACKSON, Speaker of the House of representatives. 
DAVID EMANUEL, President of the Senate, 
Assented to, December 10, 1803. 

JOHN MILLED GE, Governor 



(No. 126.) AN ACT 

To amend an act, entitled, « An Act to alter and amend an Act, to empower the In- 

ferior Courts of the several counties within this State, to order the laying out the 

public roads, and to order the building and keeping in repair the public bridges/' so 

far as respects the counties of Chatham, Liberty, Bryan, M'lntosh, Glynn and 

Camden. 

Sec 1 H^TR 
Justices of ' ' JL* E it enacted by the Senate and House of Representatives of the State of 

court nf to 10 fay Geor S ia > in General Assembly met, and by the authority of the same, That the justices 
off districts f the inferior court shall, at their first session (spring term} in the year one thousand 

and appoint . J 

commission- eight hundred and four, in the counties of Chatham, Liberty, Bryan, M'lntosh, Glynn, 
and Camden, proceed to appoint three commissioners or surveyors to each district or 
division in said counties, and they are likewise authorized and required to prescribe and 
point out as many, and such districts or divisions as to them shall seem meet and proper* 
having due regard to proportioning the said districts so as to divide the labor and expense 
of the roads, bridges, causeways and water passages equally among the cilizens, and in 
case there should be no inferior court held in the time of the spring session, or should the 



* See act of 1805 5 No. 177, amendatory of this act- 



PASSED IN THE YEAR 1803. ±5i 



aommissionerg not be appointed at that time, the justices of the Inferior court, or a (No. 126.) 
majority of them, shall as soon as may be, meet and appoint the same. 

Sec. 2. And be it further enacted, That the commissioners or surveyors of the sev- Duty of the 
erai districts or divisions, which may be made under and by virtue of this act, are hereby commission- 

" * - ers in laying 1 

empowered, and required to continue to work upon, clear, amend, repair, erect, and improve out and work- 
the several roads, bridges, fords, causeways, and water passages, in said eounties as are roads. 
already laid out, opened, erected and cleared, and to lay out, open, erect and clear, 
any others, that may hereafter be found necessary. 

Sbc. 3. And be it further enacted, That all male white inhabitants (except permanent who liable 
residents of the town of Sunbury,) free negroes and mulattoes, and all male slaves from sa idToLls. ° r 
the age of eighteen to forty-five years, shall be, and they are hereby declared to be oblig- who exempt- 
ed to appear and work upo» the several roads, creeks, causeways, water passages 
arid bridges, within the several districts or divisions to which such male white inhabit 
tants, free negroes and mulattoes and all male slaves, may be allotted (according to their 
places of residence) pursuant to the mode hereinafter pointed out, or such white male 
inhabitants, free negroes and mulattoes, and owners, managers and employers of such 
negroes and other male slaves, shall be liable to the fines and penalties in this act defin- Who exempt- 
ed and expressed. Provided nevertheless, That nothing herein contained, shall extend, e ' 
or be construed to extend, to subject practitioners of physic, or teachers of schools, 
to personal working or attendance on the roads, causeways, bridges, and water passages 
within the several districts or divisions, wherein such persons shall or may reside. 

Bec. 4. And be it further enacted, That the commissioners or surveyors, appointed person to be 
under this act, or the majority of them, shall, and they have full power and authority appointed to 

. , . , . J summon all 

to appoint one or more person or persons, within their several districts or divisions, to those obliged 

summon all such persons as are obliged to work within the said districts or divisions, at roads— &"pen 

such time of the year, and for as many days as they may think convenient and necessary, alt y. fol ne £" 

. . ** Leetmg to sum 

(not to exceed six days at one time, or twelve days in one year) to repair, erect, open, moa, ten <$»X° 

clear and work upon the several roads, bridges, causeways, water passages, and water 
courses within the same? and the several owners, managers or employers of male slaves 
within their several divisions or districts, shall, when summoned as aforesaid, deliver 
to the person summoning him, her or them, a list of all such male slaves as by this act 
are liable to work, in writing signed by such owner, manager or employer, under a pen- 
alty of thirteen dollars for a- neglect thereof, which list the person summoning, shall 
deliver to the surveyors or commissions of such districts or divisions, and the said com- 
missioners or surveyors are empowered and required, to swear any owner, manager or 
employer, giving and signing such list to the truth thereof j and the person or persons 
summoning as aforesaid, shall be exempt from his or their personal labour in such dis- 
tricts or divisions, and in case any persoa or persons appointed to summon as aforesaid* 

V 



ttfs. 



15 fc 



LAWS OF GEORGIA, 



(No. 126.) shall neglect or refuse so to do, such person or persons shall severally forfeit ten dollar* 
for every such offence. 



Ten days no- 
tice to be giv- 
en the hands, 
of the time & 
place and the 
tools necessa- 
ry forworking* 



Penalties for 
neglecting- to 
work, k how 
«3»llected, and 
how appropri- 
ated, 



Sec. 5, And he it further enacted, That the surveyors or commissioners, shall at least 
give ten days notice to all persons subject to work within their respective districts or 
divisions, of the time and place of attendance, with such tools as he may deem necessary, 
and if any person subject to work as aforesaid, shall fail to attend agreeably to such 
notice, together with all slaves owned by them, or under their care and management 
they shall be subject to the following fines, to wit : — For the non-attendance of every 
free person, the sum of two dollars per day, and for every slave, the sum of one hun- 
dred cents per day, to be levied by warrant of distress and sale of the offenders goods 
and chattels, under the hands and seals of a majority of the commissioners or survey- 
ors of the district in which the same shall be assessed or be incurred, and directed to any 
constable within the county, wherein such offender shall reside, and shall be paid into 
the hands of the said commissioners or surveyors, or any one of them, who shall apply 
the same towards the repairs of the several roads, bridges, and causeways, within such 
division, and be severally answerable for the sums received by them, to the Inferior court 
of the county, and shall make a return of the sum or sums of money by them received 
as aforesaid, and of the particular bridges, causeways or roads, about which they have 
expended and laid out the same or parts thereof, on the first term of the said courts, in 
each year, unless the party making such default shall within ten days thereafter, make 
such excuse on oath, as may be deemed satisfactory to the commissioners or surveyors of 
their respective districts or divisions. 



Th mal ^ EC * 6 * *^ n ^ ^ e it further enacted, That every male white inhabitant liable to work 
white inhabi- and appear as aforesaid, shall when summoned and appearing as aforesaid in his divi- 

tants to carry . i« . ;.. ., i i ™» • • f. • i 

with them to 91( >n or district, carry with him one good and sufficient gun or pair ot pistols, and at 
9rms° adS fire l eas t n i ne cartridges to fit the same, or twelve loads of powder and ball, or buck shot* 
under the penalty of one hundred cents for every day he shall neglect so to do. 



Person* free 
from arrest, 
whileworking 
on the roads, 
in civil cases, 
fc their arms 
and instru- 
ments, from 
execution. 



Sec. 7. And be it further enacted , That no civil officer, or any person whatsoever, 
shall on any pretence, execute any warrant or process, unless for felony, treason, or 
breach of the peace, on any person or persons, during the time any such person or per- 
sons shall be working upon the said roads, or in going to and returning from working? 
and appearing as aforesaid on the same, or within twenty-four hours after sak'Ii person 
or persons shall be discharged from working upon such roads, under the penalty of ten 
dollars, and the service of such warrant or summons, on any person or persons, is here- 
by declared to be null and void to all intents and purposes ; and during the time aforesaid, not 
any implement of labour shall be liable to be seized, or taken in execution, for any cause* 
matter or thing whatsoever, except it be for any payment or assessment mentioned in* 
or for any fine or forfeiture incurred by this act, but arms and accoutrements shall not 



PASSED IN THE YEAR 1803. 16S 



he liable to be seized or taken under any pretence whatsoever, and in case any person (No. 126.) 
shall seize, distrain or levy upon any such implements of labour, arms and accoutre- 
ments (except as aforesaid) every such person shall forfeit and pay the sum of ten 
dollars. 



Overseers t« 
be appointed, 



Sec. 8. JLnd he it further enacted, That the commissioners or surveyors aforesaid, 
or any one of them, shall have power and authority to nominate and appoint one or 
more overseer or overseers, in their respective districts er divisions, ta attend, view, then- powers 

.■,.'"., j ! and dutv, and 

manage and direct all persons working within the, same, and such overseer or overseers, penalty for 

hereby have full power to correct any slave or slaves neglecting the work by them to be "^ ctll!gtke 

done, or otherwise offending $ and in case any white person, free negro or mulatto, shall 

neglect to work, or perform the duty required of him or them, the commissioners or 

surveyors, or a majority of them, upon report thereof by the overseer or overseers, shall 

fine every person so offending, in a sum not exceeding two dollars for each day he shall 

so refuse or neglect ; and if any person or persons chosen overseer as aforesaid, shall 

refuse to do and perform the duty thereof, such person or persons shall at the discretion 

of the said commissioners or surveyors, or a majority of them, be fined ten dollars for 

every such offence* 

Sec. 9. And he it furtiier enacted, That all public roads laid out, or now in use, 
or which shall hereafter be laid out, shall be cleared of all trees, grubs and bushes, at Workinwh ^ t 

° manner to be 

least twenty feet wide, and such limbs of trees as may incommode horesemen or carri- done. 
ages, shall be cut away ,* all bridges or causeways, made or to be made, over small 
water courses and causeways over swamps or low lands, shall be made and kept in repair 
by the hands subject to work on the roads where the same may be necessary $ and the 
pieces wherewith the same shall be made, shall be laid across the road, and be at least 
sixteen feet long, well secured, made fast and covered with earth ; And whereas it may 
not be practicable for the several persons subject to work by this act, to erect bridges 
over the several creeks or rivers, within their several districts or divisions, by Working 
thereon three days.— 

Sec. 10. Be it tlierefore enacted, That the commissioners or surveyors of such districts 

or divisions by consent of the justices of the Inferior court of the county, shall, and Assessment* 

they are hereby empowered, to contract and agree with any person or persons willing to ^Tkfr 

undertake the same, and to defray the expense thereof, by an equal assessment on all expense, of 

" A extraotefcmafy 

persons and property within the said district or division. — Provided neverllieless, That work 

where it may appear necessary to erect such bridges over any creek or river, being 

between two divisions, the labor and charges of greeting the same shall be defrayed or 

done v by an equal assessment upon both divisions, or if any person or persons shall 

refuse or neglect to perform or pay his, her or their assessment, execution may and 

shall be levied upon his, her or their goods and chattels, in the manner before mentioned. 



156 LAWS OF GEORGIA, 



(No. 126.) Sec. 11. And be it further enaeted, That if any person or persons shall, by them- 
selves, their slaves or servants, (for whom their respective masters, owners, managers* 
or employers, shall be answerable) alter, or in anywise damage, by stopping of water* 
Uxhattobe or by any means, whatever, obstruct any of the roads, bridges, rivers, or creeks, in 

done in cases division or district already laid out, or that may hereafter belaid out, every such per- 

wiiere persons « ,.-.'* 

obstruct the son or person so offending, shall be summoned by the commissioners or surveyors of the 
kc- "' per,a " y districts or divisions wherein any such offence shall be committed, or a majority of them, 
forthwith to amend, clear and repair the same ; and in case of the refusal or neglect of 
such person or persons so to do, such person or persons so offending, shall be fined in a 
sum not exceeding thirty dollars, and the said commissioners or surveyors, or a majority 
of them, are hereby empowered and required, to hire and employ such a number of 
hands as may be neeessary to attend, repair, and clear the same, and the expense of such 
amendment, repairing and clearing, shall be defrayed and paid by the person or persons 
so offending, neglecting or refusing as aforesaid, which fine and expense shall, on refusal 
of payment, be levied on the goods and chattels of such offenders, as in this act is 
directedo 

*^ alt 7 for Sec. 12. And be it further enacted, That if any person or persons as aforesaid, shall. 
travellers, or hinder or forbid any traveller from going through, or passing over any roads, bridges* 
the different rivers or creeks, in any division or district, or obstruct or oppose the commissioners or 
tho-iz S (i *t' surveyors of such division or district, the overseers, white persons, free negroes and mu- 
cajry this aot lattoes, or slaves working in and upon, or clearing the same, in &o doing, or making any 
from doin^ use of trees or timber wood, or earth, sand or stones, in or near the same, for mending and 
thear duty. repairing the said roads or bridges, or any causeways whatsoever, within the same, suck 

person or persons shall forfeit a sum not exceeding thirty dollars* And for the better and 

more effectually carrying this act into execution :— - 

Sec IS. Be it enacted, That the several commissioners or surveyors to be nominated 

. . and appointed by virtue of this act, shall meet yearly, and at such time and place within 

»»iprs to meet the county, as the commissioners or surveyors of the several divisions may appoint, giv= 

termmeaii * n § at l eas * twenty days notice in their respective divisions or districts, of the time when, 

matters relat- an d place where such meeting will be held, and then and there determine ail matters 

mg to the x ° 

roads, and relating to the several roads, bridges, rivers creeks, causeways and water passages alrea- 
rangementfor ^y ^ a ^ 0ll *» erected, cleared or made, or which may be erected, cleared or made, and 
votking assign any particular part of the duty to be performed by any particular person or per- 

sons, commissioner or surveyor, and to appoint the time of working within their res- 
pective divisions or districts, and also, to appoint other commissioners or surveyors, in. 
the room of any dying, departing this State, declining, refusing or neglecting to act, as 
shall be agreed upon and determined by a majority of the commissioners then presente 

Sec. ±i. And be it further enacted, That any surveyor or commissioner to be ap- 
pointed by virtue of this act, who shall not daily, ami every day, attend upon the roads 



PASSED IN THE YEAR 1803. 157 



within their respective districts or divisions, during the time of working on the same, (No. 126.) 
or whenever thereunto required, by a majority of the commissioners or surveyors of such Penalty for a 

... ./. n i ■ • i i ii commission- 

divisions or districts ; or it any ot the commissioners or surveyors, so appointed, shall ers neglecting 
after accepting such appointment, refuse, or neglect to do or perform the duties requir- 8 ^in!f after" 
ed of them by this act, such commissioners shall, (at the discretion of the other commis- accepting. 
sioners or surveyors of his district or division) forfeit and pay a sum not exceeding 
twenty four dollars ; this clause not to extend to fine any commissioner or surveyor, who, 
after serving as such by virtue of this act, the space of two years, shall choose to de- 
cline the said office.. 

Sec. 15. JLnd he it further enacted, That the commissioners or surveyors within Private paths 
their respective districts, upon application being made to them by any person concerned, t ™™ ^ an th s 
shall, and they hereby have power to lay out any private path, for the convenience of m *n road, 
any particular settlement, to the nearest public road or landing place, which roads are to off, and pen- 
be cleared, opened and kept in repair, solely for the joint proportional labor and expense forking "n 
of those who may apply for and use the same in common, of which proportional labor them - 
and expense the said commissioners or surveyors are declared to be sole judges ; and 
any person or persons, so liable to keep in repair the said private paths, who shall refuse 
or neglect to keep the said roads in repair as aforesaid, shall be liable to such penalties 
and forfeitures as are inflicted on persons who refuse or neglect to work upon the public 
roads ; this clause not to extend to exempt such persons from laboring on their respec° - 
tive.public road. 

Sec. 16. And be it further enacted, That if at any time after the passing of this act, 
any number of persons should wish or desire anew public road to be laid out, opened public roade 
cleared, and kept in repair, such persons shall communicate their wish or desire, by g 
petition, to the board of commissioners or surveyors, at their annual meeting, therein 
giving an accurate and full description of the road they wish laid out, with the place 
from whence, and whither they wish it to lead, and through what district or districts 
such road is intended to run; and provided the prayers of such petitioners should be 
deemed just and reasonable by the commissioners or surveyors, or a majority of them 
then present, they are hereby empowered and required to order such new road to be 
laid out, and to determine and prescribe the district or districts of such road or roads* 
and forthwith to appoint three commissioners to each division, who will according!* 
proceed to lay out and cause to be opened, cleared and kept in repair, such road or. roads- 
Provided, That if the said new road shall not be of sufficient length, or difficulty to form 
or require a separate district, the said commissioners or surveyors, or a majority of them, 
may at their discretion allot the same to such other district or districts, as may appear to 
them most equal and fair. 

Sec. 17. And whereas, it has been found that the inhabitants of Cumberland island 
are subject to great inconveniency from their remote situation from the main public road. 



138 LAWS OF GEORGIA, 



(No. 126.) by which they are inevitably exposed to a dangerous water passage, and much loss of 
time, in going to, and returning from the same. 

A road to & e # therefore enacted hy the authority aforesaid, That the judges of the inferior court, 

from cumber- or a ma J orit y of them > shal1 have P°^er to order the laying out a road, from the shortest 

land island to ferry between the island of Cumberland and the main land, to the nearest public road 

public road, taking such direction as they in their judgments shall think proper, and to lay out or 

divide the said road into as many districts as they may deem expedient, which shall be 

subject to and governed by the same rules and regulations that are required by this act: 

Provided nevertheless, That nothing herein contained, shall be construed to compel white 
male inhabitants, so far as it respects the county of Camden, to perform personal labor on 
any of the roads, but to attend armed and accoutered as is heretofore pointed out. 



Justices of 



Sec. IS. And he it further enacted, That nothing in this act shall be construed t« 
the inferior prevent the justices of the inferior courts, in the before recited counties, from serving 

court may be . . 

commission, as overseers or commissioners. 



w: 



Sec. 19. Jlnd he it further enacted, That all laws or parts of laws, pointing out 
any other mode for keeping in repair the public roads and bridges in this State, be, and 
Repealing the same are hereby repealed, so far as respects the counties of Chatham, Liberty, Bry- 
an, M'Intosh, Glynn and Camden.* 

ABRAHAM JACKSON, Speaker of the House of Representatives. 

DAVID EMANUEL, President of the Senate. 

Assented to, December 10, 1803. 

JOHN MILLEDGE, Goveknob, 



AN ACT 

To raise a tax for the support of government for the year one thousand eight 

hundred and four. 



(No. 127,) 



iS02*rSn Of SE °' *' Jt* B il enaM by tlie Senate and House of Representatives of tlw State of 

acted with ex- Q eors i a , in General .Assembly met, That the tax act of eighteen hundred and two, shall 

cep lions. & — 

* See act of 1804, No. 167, amendatory of this act— And s^e also act of 1895, No. 203, amendatory of this 
aet, and repealing the act of 1804. 



PASSED IN THE YEAH 1803. 



159 



be and the same is hereby revived, re-enacted and continued, as the tax act for the year (No. 127.) 

eighteen hundred and four ; except so far as relates to giving in returns of taxable pro- 

perty by non-residents.— Whereas great inconvenience results to non-residents and 

their agents, from being required by the last tax act to make separate return of their 

lands and other taxable property in each county in which they are situate, and for want 

of sufficient time to make such return— for remedy whereof— 



Sue. 2. Be it enacted, That the time allowed for making such returns be, and the 
same is hereby extended for three months, and the said non-residents or their agents* 
may make such return before any judge or justice of the inferior court of this State, 
upon oath, and transmit the same to the receiver of tax returns in their respective coun- 
ties in which said lands are situate, and the returns so made, shall be good and effectual; 
any thing contained in the said act to the contrary notwithstanding. 

Sec. 3. And be it further enacted, That the receivers of tax returns in the several 
counties of this State, shall transmit to the treasurer the aggregate amount of the tax 
#f their respective counties. 

ABRAHAM JACKSON, Speaker of the Home of Representatives. 
DAVID EMANUEL, President of the Senate. 
Assented to, December 10, 1803. 

JOHN MILLEDGE, Governor 



Time for 
non-residents 
t© return pro- 
perty, extend- 
ed to three 
months and 
may make re- 
turn before a 
judge or jus- 
tice of the in- 
ferior court 
and transmit 
the^ same to 
the receiver 
where the 
land lies. 

Receivers ts 
transmit to 
the treasurer 
the aggregate 
amount of the 
tax of their 
«ountv. 



AN ACT 



To appropriate monies for the political year one thousand eight hundred and four* 



(No. 128.) 



sec. 1. JQ| -jj, jj mac i e( i iy j/,0 Senate and House of Representatives of the State of 
Georgia in General Assembly met, and by the authority of the same, That the salary of 
the Governor shall be two thousand dollars per annum, and the further sum of five hun- 
dred dollars per annum for house rent, &e. ror the use of the executive ; the secretaries 
of the Governor, (not exceeding two) five hundred dollars each per annum ; the secreta- 
ry of State, two hundred dollars per annum; the surveyor-general, two hundred dollars 
per annum ; the judges of the superior courts, fourteen hundred dollars eacli per annum ; 
the treasurer, twelve hundred dollars per annum ; the attorney and two solicitors-general, 



Salary of the 
Governor. 

Of his Se- 
cretaries. 

Of the Se- 
cretary of 
State." 

Survey ar- 
General. 

Judges ofthe 
superior 
courts. 

Treasurer, 



«• iLAWS OF GEORGIA. 



(No. 123.) each <fiie hundred and fifty dollars per annum; the secretary of Senate, three hundred 

Attorney -Ge- dollars per annum j the clerk of the House of Representatives, three hundred dollars per 

"I™ 1 '. r JiUllum ? and that so much monies arising from payments to be made into the treasury, for 

8enate&ciei-k land under the act, entitled, « An Act to make distribution of the late cession of land ob- 

of Represen- Gained from the Creek nation by the United States' commissioners, by a treaty entered into 

tiU Offi S - fees ator near ^ 01 ^ Wilkinson, on the 16th day of June, 1803," passed at Louisville the 11th 

how paid. of May, 1803, as will pay and satisfy the officers of government, the respective fees 

which may accrue, for making out and issuing plats and grants for said land, be and the 

same is hereby appropriated to the use of the said officers respectively, to be paid by the 

treasurer to them, as the said fees may become dne, under the existing laws, ascertaining 

Comptroller- the fees of the public officers of this State ; the comptroller-general, six hundred dollars 

per annum ; which said sums shall be, and they are hereby appropriated for their use, to 

be paid quarter-yearly, by warrant from the governor on the treasury, out of the taxes 

<o be rceived for the years 1802 and 1803, and the sum of fifteen thousand dollars as a 

contingent fund, subject to the draughts of the governor. 

President of ® E0, 2 * •%*& ^ e it further enacted, That the President of the Senate and Speaker of the 
fee Senate & House of Representatives, shall have each, four dollars per day, and the other members of 
the House of both branches of the Legislature, at and after the rate of three dollars per day each for their 
tires & mem- coming to, attendance on, and returning from the same; the Secretary of the Senate, and 
bersof both clerk of the House of Representatvics, four dollars per day each; two engrossing clerks 

And their of the Senate, and two engrossing clerks of the House of Representatives, four dollars per 

officers. 

day each; the messengers and door-keepers of both branches of the General Assembly, 

three dollars per day each ; the clerk of the House of Representatives, and Secretary of 
the Senate, the sum of sixty-eight dollars each for stationary, fire-wood and other contin- 
gent expences during the present session ; to Doctor John Murray, for Charles Old, and 
Alexander Stewart, the sum of onejhundred dollars, for apprehending a fugitive from jus- 
tice, under the Governor's proclamation ; to Hugh Bell, an invalid soldier, the sum of fifty 
dollars ; to Levin Wailes, clerk to the committee on the state of the republic, the sum of 
fifty dollars in full for his services ; to Edmund B. Jenkins, as clerk to the committee on 
finance, the sum of forty dollars; to the Adjutant-General, the sum of three dollars per 
tant-Generii. day, while in actual service; to the Brigade-Inspectors and Adjutants, two dollars each 
s ec^s- leIn per day, while in actual service; to Richard Weatherford, an invalid soldier, the sum of 
Aud to fifty dollars; to Mrs. A. Jones, widow and relict of James Jones, an invalid soldier, dec. 
the sum of fifty dollars, as a temporary support for herself and children ; to Alexander Cam- 
eron, an invalid soldier, the sum of fifty dollars ; to Col. Roderick Easley, the sum of 
six hundred and fifty dollars twelve and a half cents, in full for rations furnished a de- 
tachment of militia in the year 1792, agreeably to a concurred resolution; to Hay and 
Hely, for printing the militia bill, seventy dollars ; to James Smile, for printing the road 
law, ten dollars ; to George Fee, the sum of forty two dollars and eighty five cents, in 
full for apprehending a fugitive from justice, under a proclamation, agreeably to a con- 



To others. 



PASSED IN THE YEAR 1803. 



161 



eurred resolution ; to Joel Barnett, Esquire, the sum of lour hundred and fifty-three (No. 128.) 

dollars, and forty-three cents, in full for balances due him as collector of tax, for the 

county of Richmond j to William J. Bunce, the sum of seventy-eight dollars thirty-one 

and a quarter cents, being the amount of his printing account up to the twentieth of 

July, 1803; to Seymour, Woolhopter and Stebbins, for printing up to this day, the sum 

of seventy-six dollars, and twenty-five cents ; to Captain Thomas Bell, the sum of seven 

dollars and seventy cents, for duty performed by order of Col. Harris ; to Captain Edwin 

Wise, the sum of six dollars and sixteen cents, for duty performed under order of Col. 

Hampton; to Thomas Carr of the Creek Nation, the sum of one hundred and sixty -four 

dollars,, fourteen and a quarter cents, in full for redeeming Murdock M'Leod, a citizen 

of Georgia, when a prisoner in the Creek Nation, &c. which said several sums of money 

shall be paid out of any monies which now are, or hereafter may come into the Treasury, 

from the payment ©f taxes, 

ABRAHAM JACKSON, Speaker of the House of Representatives* 




DAVID EMANUEL, President of the Senate. 
Assented to, December 11, 1803. 

JOHN MILLEDGE, Governor. 



AN ACT* 

To revise, amend and consolidate the several Militia Laws of this State, and to adapt 
the same to the acts of Congress of the United States. 



Wi 



(No. 129.) 



HERE AS the appointment of the officers, and the power of training the militia 
of the several States according to the discipline prescribed by Congress, is secured to 
them respectively by the constitution of the United States:— And whereas it is evident 
from the experience of ages, that to be prepared for war is the greatest security of the 
peace of a nation, and that a well organized and disciplined militia ought to be consid- 
ered among the first objects of a free people. 



Preamble. 



* See act of 1804, No. 152, act of 1805, No. 214, amendatory of this act, and act of 1807, No. 312 to at 
mend and consolidate, repealing all former laws, except as to patroling, which act and its amendments since 3 
tee the laws governing the militia of this State. 

w 



im ' IAWS OF GEORGIA, 



(No. 123.) Sec. 1. JiE it therefore enacted by the Senate and House of Representatives of tht 
i?°oV*briV" stal - c f Georgia, in General Assembly met, That when it shall be found -necessary to 
jr.d s are to create any new division or brigade district, or make alterations in any of those already 

he made oral- * . J J 

tend, zr.d. by laid orf arid defined, such new definitions or alterations* shall he made by the legislature 
and a record made of the same in- the Adjutaat-G-encraPs office, as well as of the organ? 
iz&tioa of the divisions and brigades heretofore created and defined* 

jv.-*L< ., Sec. 2. And be it further, enacted, Thai when it shalibe. necessary to create any new 
, battalion and regimental battalion, or company district, or make alterations in any such as have been 
tricts how to heretofore laid off; the commanding officers of regiments, sliall assemble the command- 
l-ucfoiF Cr ° m S offices °£ battalions and companies, at some fit and convenient place, and shall pro- 
ceed to lay oflj or alter any such .regimental, battalion* or company district or districts, 
which districts shall, in all eases, be designated by certain lines and bounds, and record- 
ed by the clerk of the respective regimental courts of enquiry ; but that in all creation or 
division of the aforesaid districts.,., a due regard sliall be had to the number of effective 
men required for each corps by the militia law of the United States^ and that iu ease of 
the creation of any new company district, any subaltern officer or officers, falling within \ 
the bounds thereof, shall hold Ms or their rank and grade, his or their respective commis- 
sions being made to. bear the number. of the said new district; and that in case of the or- 
ganization of an additional acquisition of territory, the regimental battalion, and com- 
pany districts therein, shall, in the first instance, be defined in such manner, and by 
such officers of the militia, as. the commander in chief may order and direct. 



II 



Sec. 3. And be it farther: enacted, That a -regiment shall not contain less than two, or 

.n&rcy 

battalions niore than three battalions ; and that in a regiment composed of two or more counties? 
jdmen^oun" regimental musters shall be held by battalions, and regimental courts of enquiry shall 
ties having also be held in each of said counties, and that battalion districts shall be so arranged, as 

less than two 

battalions not to embrace parts of two or more counties, and that the brigadier-general and iieiA 
minded. officers shall determine which several counties shall form a regiment. . 



Divisions, 



Sec. <i. And be it farther enacted, That every division, brigade, regimental, battailous 
and company district, shall be numbered throughout the State, by order of the commaa* 
brigades, reg- der in chief, in such manner, that every corps of the same denomination,, shall bear a 
lion" and com- different number; by which numbers every district shall be designated in the cominis- 
P/^fl ,1° be sions of officers commanding therein ; and that.. when in the field, for the purpose of ex- 
ercise, officers of the same grades shall take rank agreeably to the date of their respec- 
officers how tjy e commissions, their respective commands following the same ; regiments' being toll- 
ed" into regular battalions; battalions into regular divisions, companies, platoons, and* 
sections. 

Sec. 5. And be it further enacted, That all vacancies which may happen by death, , 
resignation or otherwise, of any major-general, brigadier-general, or quarter-master- 



PASSED IN THE ¥E AR MOB. . i6i 



general, shall be filled by the General Assembly, by joint ballot of both branches, and (No. 129.) 
that conformably to an act of Congress, passed the 2d day of March, 1803, a quarter^ ^£^8^ 
master-eeneral for this State shall be appointed in like manner, and a list of the name or '4teran4quaj> 

° .■ m ter-mr.stei-.gc. 

names, of the person or persons so appointed, "under the signature of the president of r.eraistobefii- 
the Senate and speaker of the House of Representatives, shall be transmitted to his ex- g^siaturef 
eellency the governor, within two days thereafter, who is hereby required to issue com- 
missions, to each and every person so appointed, within -tea days -thereafter. 

Sec. 6. *£%d be it further enacted, That when vacancies shall happen by death, resig- 
nation or otherwise, in any company district, or where a new created district shall re- 
ciuire officers, such officers shall be elected by the citizens liable to bear arms, withia Company offi- 

■i cers hew ap- 

such company district, under the following rules and restrictions :^-The commanding offi- pointed and 
eer of the regiment or battalion shall give at least ten days public notice of the time and 
place of holding such election, and the election shall be held under the presidency of two 
or more justices of the county such company may be in, who shall receive the ballots of 
all sueh citizens of the district as aforesaid, and make report within thirty days under 
their hands and seals, to the commander in chief for the time being, of the persons hav 
ing the highest number of votes, together with a state of the poll, for captain, lieutenant 
and ensign, as the case may be, and the commander in chief shall, within five days after 
'the receipt thereof, commission the persons so elected $ and in the interim between the 
lime of holding such election, and receiving their commissions, such officers shall be 
^fully authorized to act in all their functions, by brevet from the lieutenant-colonel, or 
major-commandant; Provided such election is not protested against, by any person hav- 
ing been a candidate; and in ease the citizens of any company district, shall neglect or 
refuse to elect the officers as aforesaid, at the time and place appointed, then the com- 
manner in chief shall proceed to appoint the necessary officers for such company district, 
and in the interim of sueh refusal or neglect of the citizens of a district to elect proper 
officers, and the appointment by the commander in chief, the major of the battalion to 
\hich such company district belongs, shall order the commanding officer of the next ad- 
jacent company, to enrol such deranged company within his own, and they shall be sub- 
ject to the orders of sueh offieer until their own company district is again completely 
organized. 

Sec. 7. JLnd be U further enacted. That when a vacancy shall happen by death resig- 
nation, or otherwise, of any commanding officer of a regiment or battalion, such vacancy 
shall be filled by the election of all the commissioned or breveted officers within sueh re- md e fattaHon 

simental or battalion district, who will become subject to the command of such field officer, officers how 
° appointed. 

when elected, under the following rules and restrictions, that is to say :-— Any two or 

more captains, within sueh regimental or battalion district, not being themselves candi- 
dates, shall give twenty days public notice in every company district within the same> of 
<he time and plaee ©f holding such elections j and they, with^any two or more justices? 



i64 LAWS OF GEORGIA, 



(No. 129.) who are not candidates, shall preside at the election, and the said presiding captains and 
justices, shall, within thirty days thereafter, certify under their hands and seals, the 
person or persons having the highest number of votes, and the state of the poll so taken, 
shall be transmitted to the commander in chief, who shall, within ten days after said 
transmission, commission the person or persons so elected ; and that in regimental dis- 
tricts, the brigadier-general shall appoint the time and place at which said elections shall 
be held 



Sec. 8. And he it further enacted, That each major-general, brigadier-general, and 
gade and regi- lieutenant-colonel, shall have the appointments of their own respective aids-de-camp, brigade 
menial H:atf inspectors, brigade quarter-masters, and the regimental staff, as pointed out by the mili- 

tia law of the United States, and that brigade inspectors, and brigade quarter-masters, 

shall be commissioned by the commander in chief.. 

All officers to Sec. 9 * And he it further enacted, That each and every officer appointed, or who 

i r ?ke an oath. ir , av hereafter be appointed and commissioned, or breveted, (not having heretofore done 

the same) shall previous to entering on the duties of his office, take the following oath, 

(to be administered by a justice of the peace, or the court of the county in which such 

The oath, officer resides,) to wit :— " I , do swear, that 1 will support the constitution of this 

State, and of the United States, and faithfully discharge the duties in the - — — of 

militia of the State of Georgia, to the best of my skill and judgment, so help me God." 

If the said oath be administered by a justice of the peace, it shall be his duty to cer- 
tify the same to the court of his county, there to be entered on record by the clerk. 



Sec. 10. And he it farther enacted, That the commanding officers of companies, 
shall enrol every able bodied white male citizen between the age of eighteen and forty- 
five years, except such as are exempt by the laws of the United States, and this present 



Enrolments 
how 1 o be 
made s ,peisons 

liable to duty ac t. residing within his district, and that in all cases "of doubt, respecting the age of any 
person enrolled, intended to be enrolled, or pleading incapacity to serve in any company, 
the party questioned shall prove his age or inability to the regimental court of enquiry, with- 
in whose bounds he may reside ; and it shall at all times hereafter, be the duty of every 
such captain or commanding officer of such company, to enrol every such white male as 
aforesaid, as shall from time to time arrive at the age of eighteen years, and under forty-five 
years, except as before excepted^ shall come to reside within his bounds ; and shall without 
delay notify such person of the said enrolment by a proper non-commissioned officer, by 
whom such notice may be proven. 

Companies to $ EC « 11 - ^ n ^ ^ c tt further enacted, That the captain or commanding ofSccic of each 
b'e divided in- COH1 pany, shall divide his company as nearly equal as possible into four squads, and annuu 
non-coromis. a ])y in the nionth of March, shall nominate one fit and proper person in each squad as 

sioned officers 
bowappojnted 






PASSED IN THE YEAR 1803. 165 



gerjeant, and another fit and proper person as corporal ; but in ease of refusal of all (No. 129.) 
or any sneh persons to act as serjeant or corporal, the commanding officer of such com- 
pany shall deposit the names of the men in each squad in separate hats, and call on some 
disinterested person to draw two names from each hat, and the person whose name shall 
be first drawn shall be a serjeant, and the person whose name shall be next drawn, shall 
be a corporal, and such persons shall be responsible for the duties required of such non- 
commissioned officers by law, for the term of one year thereafter, butsueh person shall 
net be compelled to serve again, until the names of all the other persons in the respective 
squads shall have been so drawn. 

Sec. 12. Jlnd be it further enacted, That the respective regimental courts of enquiry, 
shall have nower to cause to be bound for a term of years, to the several commandants , Musicians, 

r , - how to be ob- 

of companies, battalions and regiments, and their successors in office as the case may tained, in- 
require, such a number of boys and young men, with the consent of their parents or traced. 
other person authorised as they in their discretion may deem proper, for the purpose of 
being instructed in the different branches of military music, and of serving as musicians 
when they may be competent thereto, to the several companies, battalions and regiments, 
and the father of any youth who may be bound, otherwise subject to be enrolled, shall 
be exempt from all duty in the militia, so long as his son so bound, may continue to serve in 
the corps to which he would otherwise belong, as well during his apprenticeship as there- 
after ; and the several regimental courts of enquiry shall make provision from time to 
time, for the cloathing, maintenance, and properly instructing all such youths, to be paid 
frcm the funds arising from the fines imposed by this act ; and the commanding officers of 
regiments shall cause the drummers and lifers and other musicians of their respective 
regiments to meet at such times and places that commissioned officers are required to 
meet, for the purpose of being trained by the adjutant-general or brigade-inspector, there 
to be instructed in their respective branches of music, for which purpose the command^ 
ing officer of the regiment may employ such person or persons as he may think proper and 
capable, to instruct such drummers and fifers and other musicians, the person so to be 
employed by the commanding officer of the regiment, to be allowed such compensation 
as the regimental court of enquiry may authorize, and each drummer andfiferand other 
musician, unless an apprentice, shall be allowed during the time they are convened, one 
dollar per day, to be paid out of the funds arising from fines. 

Sec. IS. Jlnd be it further enacted, That until arms and equipments of the description 
required by the militia law of the United States can be procured in this State, by any 
mode which the legislature may hereafter point out, every non-commissioned officer or Accoutre- 
private in the militia of the line, shall stand bound to appear at all musters or on all 
other necessary occasions, armed, equipped and provided with a firelock in good order, 
and a cartridge box or shot pouch ; but all volunteer companies of light-infantry, grana- 
diers or riflemen, shall at all times be and appeal' at musters, or on other necessary 



ments, 



m LAWS OF OEOHeiA, 



=35=3: 



(Mo. 129.) occasions, armed, equipped ami provided as the militia law of the United States pre* 
scribes, as well as any volunteer corps of cavalry or artillery. 

Vokmtccr Sec ' **• 4*»* &fi it further enacted, That three years after the passing of this act, thk 
hoT^to'be i! cloathing and apparel of all volunteer corps already raised, or to be raised, in conform - 
niformed liow iiy to the law of Congress, shall be uniform for each service throughout the State, and 
to v, hat 6 ex- sk&U be determined on by the major-generals collectively ; and no person belonging to 



■-■2n T 



the militia of the line, shall under colour of enlisting into any company to be made up 
by volunteer enrolment, be excused from doing duty in the infantry of the line, until 
he shall have equipped himself for service in such volunteer company, according to law, 
and shall have produced a certificate thereof from the commanding officer of the volun- 
teer company, to the commanding officer of the district company to which he did properly 
belong: and no person having enlisted in any volunteer company, shall be permitted to 
withdraw himself from the same, under the penalty of ten dollars, unless in ease of re- 
moval from his regimental or battalion district, to be recovered as other fines imposed by 
this act, upon the evidence of the commanding officer of the company from which he 
shall so withdraw, without having given said commanding officer thirty days previous 
notice of his intention so to withdraw ; which commanding officer shall .return all such 
cases to the first battalion court of enquiry that shall sit thereafter; and the commissions 
of such volunteer corps shall designate the number of the regiment or battalion to which 
they are attached, and the commanding officers of the regiment or battalion shall direct 
how they are to be posted on regimental or battalion parades, unless differently ordered by 
-a superior officer; and the said companies shall perform the same rotine of duty (under 
their respective officers) and fee subject to the same rules, regulations, penalties and 
orders as the rest of the militia ; and the commander in chief may order them or any of 
them out on duty, as occasion, in his opinion may require, by entire companies, and 
when a district company shall not contain any greater number of effective men than 
w hat is required by the law of Congress, no volunteer corps shall enlist more than one 
eleventh man out of said district, and no greater number of volunteer corps shall be com- 
missioned henceforward, (unless it is incases of emergency) than what the militia lav/ of 
the United States prescribes to be attached to regiments and battalions ; and the major- 
generals shall also determine the uniform and badges of the different grades in the militia 
of the line, until which time, and for three years afterwards, the uniform now prescri- 
bed to the different brigades shall be lawful, as well as the newly prescribed. 

Sec. 15. And he it further enacted. That the commanding officers of companies of 

every description, shall muster their respective companies four times in every year, at 

Combanymus sucn ^ places within their company districts as may be most convenient to a majority of 

ters and com- g^ch company, and at such times as shall be prescribed by the regimental or battalion 

courts of enquiry, and such company musters shall be so arranged, that the commanding 

officer^ of the regiment or battalion may (when to him, convenient) with the adjutant of 



PASSED IN THE YE All' iS03. 167 



the regiment, attend all or any of them j and it is hereby made the duty of the adjutants of (No* 129.) 
regiments, to attend all or as many of such company musters as the commanding officer 
of hi& regiment may direct, in order to assist the company officers in training their res- 
pective companies in the exercises and discipline prescribed by Congress -; and it shall be 
the duty of all commanding officers of companies, at any and every of their respective 
company musters, to take an exact account of arms, accoutrements and ammunition in 
possession of each member of his company, and shall add to such account the 
arms, accoutrements and ammunition in possession of any other person who may 
fall into?' his- company, from time to time, and shall make an exact return of his 
eempany to the commanding officer of the regiment or battalion, at every regimental or 
battalion review, in the form which he shall receive from such commanding officer, or 
the adjutant, which returns shall be filled, ready to be delivered to the inspector, as he 
shall : commence the inspection of each comp'any,- 

Sec. 24. Jlnd he it further enacted, That thez>e shall be held in each regiment -or Regimental 
county, once h» *;v-ery year, or as the commander in chief may order, a convention of the dri11 meters. 
field, staff, company* and non-commissioned officers of regiments, for the purpose of 
being trained and instructed by the adjutant-general, in the exercises and discipline pre- 
scribed by -Congress ; at which said conventions all field officers shall appear in their 
uniform, armed with swords, and provided with their respective commissions : and all 
staff, company and non-commissioned officers, shall appear in their uniform, armed with 
firelocks and bayonets, accoutred with cartouch boxes, bayonet belts and scabbards, and 
provided with their commissions and six blank cartridges each; and all such officers so 
convened, shall form a company, and he subject to such orders, regulations and restric- 
tions as the adjutant-general may deem necessary, to teach and enforce the discipline 
prescribed by Congress, for a term not exceeding two days at any one meeting. 

That there shall be held 'in-each', county' or "regiment once a year, or as often 1 as the 
commander in chief may order, a regimental muster (or battalion muster in counties Regimental 
ftolding one battalion only) for the purpose of being trained and instructed by the adju- 
tant-general, in the exercises and evolutions prescribed by Congress. - 

And : that a like convention of field and company officers and musters by bat- 
talions shall be held once a year, by order of the brigadier-general, for the purpose 
of being trained and instructed by the brigade-inspector, in the exercises and evolutions Battalion 
prescribed by Congress j and that the brigade-inspector shall attend all conven- dnil mustei ' 5, 
lions of field and company officers, regimental and battalion musters within their respec- 
tive brigades, and shall make such returns as are prescribed by the militia law of the 
"United States: - . ■ _ 



1«8 LAWS OF GEORGIA, 



(No, 139.) Sec. 17, And he it further enacted, That when sutlers shall attend regimental or other 
musters, they shall be considered under the direction of the commanding officer pre- 
sent, with regard to the time and place of their selling liquors, or other refreshments ; 

Sutlers. and that it shall be lawful for said commanding officer, to grant exclusive privileges to 

such persons as may engage to furnish spacious and convenient places of parade. 

Person " te \ ^ EC * 18 ° ** M ^ ^ e it further enacted, That if any bye-stander shall interrupt, molest or 
rupting mm- insult any officer or soldier while on duty at any muster, or shall be guilty of like con- 
nuirshais how duct before any court or board, the commanding officer at such muster, or such court or 
*°. k° dealt board, may cause him to be confined for the day, and the commanding officer at all 
musters shall have power to fix certain limits to their respective parades, within which 
no spectator or bye-stander shall enter without his permission j and if any person shall 
intrude or offend, he or they shall be liable to be eonfined for the day, by order of such 
commanding officer. And if any non-commissioned officer or soldier, shall behave him- 
self disobediently or mutinously Avhen on duty, or before any court or board, directed by 
this act to be held, or shall leave the ranks without permission, or refuse to fall therein 
when ordered at any muster whatever, or shall appear on parade drunk, or shall quarrel 
himself, or promote any quarrel among his fellow soldiers, such non-commissioned offi- 
cer or soldier so offending, shall be disarmed and confined for the day, by order of the 
commanding officer present, and shall moreover be fined at the discretion of a court of 
enquiry, in a sum not exceeding ten dollors, or less than one dollar, to be appropriated as 
other fines imposed by this act. 

officers ancf Sec, 19. And ie it further enacted^ That the following forfeitures and penalties 
privatesfor de s h a u jj C incurred for delinquencies, to wit : — By a lieutenant-colonel or commanding: offi- 

ticiencies and o " 

non-attend- cer of a regiment, for failing to appear at musters or on any other necessary occasion, 
armed and uniformed as the law of the United States directs ; for failing to take an oath, 
to summon any court or board, or failing to order a regimental or battalion muster; to 
report delinquent officers ,• to make return of his regiment, shall for each and every 
such offence or neglect, forfeit and pay a sum not exeeding seventy dollars ; for failing 
to call into service any militia legally detailed to his regiment, three hundred dollars. 



".nee. 



By a major, for failing to appear at musters or on any other necessary occasion, armed 
and uniformed as above ; for failing to take an oath, to attend any court or board -, to 
give notice of any regimental or battalion muster, to report delinquencies, or make any 
return, he shall forfeit and pay for each offence and neglect, a sum not exceeding thirty- 
dollars, for failing to call forth his battalion with due dispatch, or any detachment of men 
or officers that may be required from time to time, by the commanding officer of his regi- 
ment, or the commander in chief of the State, one hundred and fifty dollars. 

By a captain, for failing to appear at muster, or on any other necessary occasion, 
armed and uniformed as the law directs $ for failing to take an. oath to attend any court 



PASSED IN THE YEAE 1803. 



169 



or board; to- enroll his men and take an account of their arms, accoutrements and am- { 
munition ; to appoint or draft non-commissioned officers as directed by this act ; to give 
notice of regimental, battalion and company musters; to cause Jiis roll to be called and 
his company to be exercised; to examine his company and report delinquencies and 
defaults, or to make any return as directed by this act ; shall forfeit and pay for each 
and every such offence and neglect, a sum not exceeding twenty dollars; for failing to call 
forth such officers and men as may from time to time be legally called for from his com* 
pany, or for failing on such occasions to repair to the place of rendezvous, he shall for* 
feit and pay a sum not exceeding sixty dollars. 

By a subaltern officer, for failing to appear at muster or on any other necessary 
©ceasion, armed and uniformed as the law directs ; for failing to take an oath or attend 
any court; for each and every such offence, he shall forfeit and pay, at the discretion 
of the court of enquiry, a sum not exceeding ten dollars ; for failing to appear to the 
place of rendezvous, when ordered upon any call from the commander in chief, he shall 
forfeit and pay a sum not exceeding fifty dollars. 

By anon-commissioned officer or musician ; for refusing or neglecting to act as such> 
after having been legally drafted or taught ; to give due notice to their respective squads 
of all musters, and to such of them as they are ordered to summon to courts of enqui- 
ry ; for failing to attend any muster or courts of enquiry when ordered ; for failing to 
appear properly armed and accoutred at aforesaid muster ; he shall forfeit and pay a sum 
not exceeding six dollars or less than one, for eaeh and every such offence, at the dis- 
cretion 01 a court of enquiry ; for failing to repair to his rendezvous when legally drafted 
and ordered, upon any call from the commander in chief, a sum not exceeding fifty 
dollars. 



ro. i.%9* 



By a private soldier, for failing to attend any muster, when legally warned thereto, 
or failing to attend by the time appointed (which for all musters to be held throughout 
the State shall be by eleven o'clock in the morning) armed and accoutred as this act 
directs* shall forfeit and pay for each offence, a sum not exceeding three dollars, or less 
than one dollar, at the discretion of a court of enquiry ; for failing to repair to his ren- 
dezvous, properly armed, accoutred and equipped, when legally drafted and ordered 
upon any call from the commander in chief, a sum not exceeding fifty dollars, at the 
discretion of a court of enquiry; Provided that no officer of the militia shall be fined 
for not appearing in uniform, until six months after he shall have been commissioned. — - 
And if any non-commissioned officer shall be returned as a delinquent, for not appearing 
armed and accoutred as the law directs,* the court of enquiry before whom the same 
shall be tried, may if it appears reasonable, and the delinquent shall make it appear that he 
was unable to procure the legal equipment, remit the fine incurred by him: andthatthe fines 
&nd penalties incurred by minors and apprentices, for the breach and neglect of their duty 



17d LAWS OF GEORGIA, 



(No. 129.) in any particular service by law required of them, shall be paid by the parent, guardian; 

or master.. 

Accoutre- Svc 20. Jlnd be it further enacted, That all arms, ammunition and equipments, the 
r.iens exempt troopers horses and furniture of the militia, shall be exempted from execution and dis- 

from executi- 

on, and die tress at all times ; ana their persons irom arrest and process in civil cases, while going to, 

™l" 'i„ in ci yji continuing at or returning from musters, and while in actual service... 

c:.sjs while on 

Sec. 21. -Jliul be it farther enacted, That the distribution of all orders requiring any. 
muster to be held, shall take place in such manner as that a lieutenant-colonal or com- 
manding officer of a regiment, shall have notice in writing from the brigadier-general, 
to bedestri- at least thirty days before such intended muster ; t a major or commanding officer of a bat- 
bated by the talion, from the lieutenant-colonel or commanding officer, of the regiment, at least twenty 
days, a captain or commanding officer of a company, from the major or commanding offi- 
cer of tlie battalion, at least fifteen days j who shall distribute all orders to their ser~ 
geants, at least ten days, and the sergeant to each person in his squad, at least three days 
before such musters respectively, nevertheless, all notices publicly given by the com. 
mantling officers of companies, at their respective musters, of any subsequent muster, 
shall be held and deemed as legal notices, as to all persons present at such musters. And 
ten days previous notice shall be served in writing, to any delinquent officer, non-eom- 
missioned officer or soldier, by the adjutant to said officers, and by sergeants to non-com* 
missioned officers and privates;, of the time and place the court of enquiry shall sit ; and 
a written or verbal declaration before the court of enquiry, by said adjutants and sergeants 
Notice of or any other officer or soldier, shall be sufficient evidence to such courts of such notices* 
quhyiindre- and services. And the commanding officers of regiments and battalions, shall, at their 
vain oidelm- reS p ee tj ve regimental and battalion musters, take notice of alldelinqent officers, and shall 
lay the same, together with the returns of delinquencies of the commanding officers of com- 
panies, at company, battalion and regimental musters, before the court of enquiry ap- 
pointed under this act, to take cognizance of, and determine on them. And to each of th^ 
said returns, shall be annexed the following certificate, towit: — « I do certify that the 
return hereunto annexed, contains all the delinquencies which have occurred since my last 
return, having duly examined the same." ; 

Sec. 22. * Jlnd be it further enacted, That there shall be battalion courts of enquiry* 

egimenud tc be appointed and ordered by the commanding officer of the battalion, for the assessment 

S? who to °- fines-incurred under this act in such battalion, and such courts of enquiry shall be held 

compose within fifteen days after each battalion muster : at or as near as may be convenient to the 

them, & when , ^ 

to be held, & place where such battalion muster was held; to consist of the commanding officer of the 



* This Section amended by act of 1805, No. 214, so far as to authorize the commissioned or brevetted offi- 
cers of companies to hold courts of enquiry for tfce hearing and determining oh all cases of default »t. company 



PASSFD IN THE YEAK 180S, m 



it re 



b" 



take the following oath, to be administered by the presiding officer, and afterwards by any (No. 1-29.J 

officer of said court to him, to wit :— " I- — —will truly and faithfully enquire into alldelin- 

- Where tv* 

quencies which appears on the returns to be laid before me, and will assess such fines or more conn.. 

thereon as may seem just, without favor, partiality or affection ; so hfclp me God."— The tC 
commanding officer of the battalion shall then lay before the said court, all delinquencies 

as directed by this act ; whereupon they snail proceed and determine. And there shall tion Tlta-ed " 

moreover be held, at least one regimental court of enquiry each year, to be appointed and b ^ act of 1805 

. ~ . „ No - 214, so us 

ordered by the commanding officer of the regiment ,• to consist of the commanding officer of that when 

the regiment,- and the commanding officers of battalions and companies in such regiment: counties ™m" 

but where the regiment is composed of two or more counties, there shall be a court held P f,Se % re £ l 

rnent the re- 
in each of said counties by the field officers as aforesaid, f and a majority of the com- g-imental 

manding officers of eompaniesin such regiment; such regimental courts when convened and q U w to bea- 

«j)«aMed as above directed, shall have power to assess fines on all delinquent officers and boijShed - 

soldiers within the regimental district, and to remit fines assessed by the precceding bat- impose fines 

talion courts, for good cause shewn ; and may adjourn from day to day until they have 

•eompleted all the duties required of them by this aet„ 

Sec. 23. And be it further enacted, That the respective regimental courts of enquiry* coiSfTen! 
shall annually appoint by ballot a clerk and provost-marshal, who shall attend the courts c l u . ir > r ' to a P- 

Doint 3, cl^rk 

fierein before directed to be held ; and it shall be the duty of such clerk to keep a fair re- and provost- 

eord of all the proceedings of said courts, and within ten days after every battalion and 2£|»£ ~Svd$ 

regimental court of enquiry, to make out a fair list of all fines assessed by such battalion ' n collecting 

° ; t the fines. 

or regimental courts, dessignating therein the captain's district in which each delinquent 

resides, and transmit the same to the paymaster of the regiment, who is hereby author- 
ized to receive the fines which any delinquent may voluntarily pay, and such delinquent 
upon producing the paymaster's receipt to the clerk, shall be credited therefor without any 
further costs or trouble ; and the said clerk shall, within thiriy days after every regimen- 
tal courtof enquiry, make out warrants of distress-& sale against every delinquent on whom 
fines have been assessed, (and who have not produced the paymaster's receipt as aforesaid) 
■signed by himself & countersigned by the commanding officer of the regiment & directed to the 
constable of the district in which the defaulters respectively reside, & take the constable's 
receipt therefor, who shall proceedto levy the same on the goods & chattels of such delinquent, 
and shall pay the monies so collected to the paymaster of the regiment, & make returns of 
such warrants to the clerk within one month after receiving the same ; and shall be entitled to 
the same costs as are allowed by law in civil cases of equal dignity ; and subject to the same 
rules, restrictions and penalties as if such warrants had been issued by any j ustice of the peace. 

Sec. 2*. And be it further cnacted f That the paymaster of a regiment, previously to Paymaster 
his entering on the duties herein required, shall give bond and security to the court of en- ? lyebond° 
quiry, for the faithful aisckarge of his duty, under fuch pecuniary penalty as they may 
think proper. 

f For this note See margin, 



±n LAWS OF GEORGIA, 

"-" — " ■ ~~~ — — ^= ' ' ■ — — ' J sse 

(No. 129.) He shall keep fair accounts of the receipts and disbursements of all monies which may 
come into his hands bj virtue of this act, which accounts, shall at all times be subject to 
the inspection and examination of said court or of any member thereof. And all accounts 
passed by said court, (or appropriations made by them) and certified by the presiding offi- 
cer, shall be sufficient to authorize the pay-master to pay the same, and should such 
pay-master fail to render a true and just account of all monies by him received, at any 
time when required so to do, by the court of enquiry, he shall forfeit double the sum 
which he so fails to account for, to be recovered by motion ia the name of the command- 
ing officer of the regiment, in any court having jurisdiction of the same, in the county 
where he may reside, giving such pay-master ten days previous notice of such motion, and 
he shall moreover be dismissed from the office of pay -master of the regiment. 

Sec. 25. And be it further enacted, That the monies arising from fines and forfeitures by 
Pines & for- virtue of this act, shall be considered as a fund to defray the expenses arising under the 
applied' l0W same * *° Provide standards and colours for the battalions and regiments, musical instru- 
ments for companies, ammunition for Jieid days : and as the funds may increase, any or 
every kind of warlike arms, implements or equipage, which in the opinion of the court 
of enquiry may tend to the advancement of the militia service. And moreover the courts 
of enquiry shall, from time to time, appropriate such sums as they shall think just 
and right, as a compensation to their clerks and pay-masters, and any other person 
necessarily employed in carrying the militia law into effect, within the bounds of theii* 
respective regiments,, 

Sec. 26. And be it further enacted, That the commander in chief of the State, upoH 

complaint for misconduct or neglect of duty, lodged in writing in the Executive office 

» oui ts^iiar- by a*iy one or more commissioned officers, may, at his discretion, eause to be arrested, 
irdl for the . " «=„•;_• 

trial of offi- any major-general, brigadier-general, the adjutant or quarter-master-generals, and order 

< Constituted— acourt martial of all the other generals, field officers and captains, or so many of them 

Their powers (having regard to seniority) as shall amount to thirteen, which court martial shall proceed 

may fine and v o o «/ / * = i 

cashier. j n |j ie same way, and under the same restrictions as is hereafter provided for the trial 

of field officers | and any major-general, or brigadier-general, for misconduct within, 
their own knowledge, or upon complaint lodged in writing by any commissioned officer, 
shall have power to arrest any lieutenant-colonel, major of brigade or inspector, 
and the commanding officer of the division or brigade, shall order a court martial, 
$ov the trial of such lieutenant colonel, major of brigade or inspector; to be 
composed of one brigadier-general, and as many lieutenant-colonels, majors and cap- 
tains, as shall make up a number not less than thirteen, and such courts martial, shall 
proceed to hear and determine on all offences against military order and decorum, and 
may censure, fine or cashier such offieer, which sentence shall be final, when approved 
by the commander in chief of the State. And any brigadier general, lieutenant-colonel, 
or major, for misconduct in any captain, subaltern, or regimental staff officer, within 
his own knowledge, or upon complaint lodged, in writing, by any commissioned officer^ 



PASSED IN THE YEAR 1803, ltt 



may arrest such captain, subaltern, or regimental staff-officer; and the brigadier cr (No. 129.) 
commanding officer of the brigade shall order a brigade court-martial, for the trial of 
any such offender, to be composed of one or more field officers, and as many captains 
and subalterns, as will make up a number not less than thirteen, and such courts-martial 
shall proceed to hear and determine on all offences against military order and decorum, 
and may censure, fine, or cashier, any officer so tried, which sentence shall be final? 
when approved of by the major-general, or commanding officer of the division. And 
before any court martial shall proceed to hear and determine on any ease, they shall take 
the following oath, to be administered by the presiding officer to every other member, Their oath. 
and then by the officer next in rank to him, to wit:— "'I do swear, that I will 

well and truly try the case now before me, according to the evidence and the opinion I 
entertain, of the spirit and intention of the militia law of this State, and of the United 
States, and that I will not divulge the vote or opinion of any member of this eourt ? 
unless required to give evidence thereof, in a court of justice in a due course of E&Wj 
until the sentence shall be approved by the proper authority, So help me God." And for 
obtaining the necessary evidences for the trials aforesaid, the commander in chief of 
the State, or the presiding officer of the court martial, shall issue his summons, and 
every person so summoned, failing to attend and give evidence, shall be subject to he 
tried by a court martial; and if an officer, may at the discretion of such court, be 
cashiered, or fined, not exceeding six month's pay, as by the law of the United States, 
allowed to such officer when in service; and if a non-commissioned officer or soldier, 
or person not enrolled, to be reported to the court of enquiry of the regimental dis- 
trict in whose bounds he shall reside, and be then subject to such fines and penalties, as 
they may think proper to inflict, not exceeding twenty dollars. And all persons sum- 
moned or called to give evidence before any court martial, shall take the following oath, nessesT '.■•'■'. 
to be administered by the president or judge advocate. — »'*' I do swear, that the 

evidence I will give in the case now in hearing, shall be the truth, the whole truth, and 
nothing but the truth, So help me God." And that when any militia officer shall be 
cashiered, he shall not be eligible to hold any commission for the term, of three years 
thereafter. 

Sec. 27. Aii&le it farther enacted, That his Excellency the Governor fee authorized sj^o^tosuS 
and empowered, on an invasion or insurrection, or probable prospect thereof, to call forth rection, what 

to be clone. 

such a number of militia, and from such county or counties, and in such manner, either 
companies or by drafts, as he may deem proper ; and for the accommodation, equipment, 
and. support of the militia, so called forth, the commander in chief of the State, may 
appoint such quarter-masters, commissaries, and other staff-officers, &s to him shall 
soem proper, and shall also take such measures for procuring, transporting and issuing 
all orders which- may be necessary., Orders for the militia to be called forth as aforesaid 
shall be sent to the commanding officer of the regiment, brigade or division, with a notL 
ftcation of the place or places of rendezvous ; who shall immediately take measures for 
detaching the same, with the necessary number and rank of officers by regular detail 



i?* LAWS OF GEORGIA, 



(No. 129.) drafts, or volunteer enlistments* as he may be ordered. Whenever 'any militia shall he 

governed in called forth into actual service as aforesaid, they shall be governed by the article of war 

actual service w hieh govern the troops and the militia in the service of the United States-^and courts 

martial shall be held as therein directed, to be composed of militia officers only, for the 

trial of any person in the militia, but to the cashiering of any officer, or capital punish*, 

ment of any person, the approbation of the commander in chief, shall be necessary.— 

And when any militia shall be in actual service, they shall be allowed the same pay and 

Their pay. returns > as are allowed by law to the militia of the United States. If a sudden inva^ 

sion should be made, or an insurrection should happen in any county in this State, the 

commanding officer of the militia in such county, is hereby authorized and required, to 

order out the whole, or such part of the militia as he may think necessary, and in such 

ing officer of manner as he may think best, for repelling or surpressing suck invasion or insurrection, 

order out the ant l shall call on the commanding officer of the adjacent county, for such aid as he may 

militia upon ^Iiinli necessary; who shall forthwith, and in like manner furnish the same, and in the* 

a sudden in- f 9 - c 

vasion. event of any militia ordered out by the commanding officer of a county, as aforesaid, such 

officer shall immediately give notice of the same, and the cause thereof, to the com- 
manding officer of the brigade or division, who shall forthwith report the same to the 
commander in chief. 

Se€. 28. And 'be it further enacted, That major-generals and brigadier-generals, be, 
brigadier^en and they are hereby vested with power to employ such persons, and contract with the 
ploy cxpres- sanie at any reasonable rate, not exceeding two dollars per day, to ride express for trans~ 
a "> f nd how mitting such orders as in their judgment maybe for the good of the public service; 
paid. Provided, that a day's riding of any express be not less than thirty-five miles, during 

the necessary time they may be actually engaged in performing such duty, to be paid by 
the Governor out of the contingent fund, upon their producing a certificate of the gene- 
ral officer so employing them. 

Sec 29. And be it further enacted, That the adjutant-general, brigade inspectors and 
adjii?ant-gei> adjutants shall be allowed such pay, while in aetual service, as shall be expressed in 
^ 1 ectoH ad & each annual appropriation law, and that in case of omission ia any of said laws of such 
adjutants. allowances, the commander in chief, is hereby authorized to pay the same out of the con- 
tingent fund at the rate of the pay, subsistance and forage, which officers of their re- 
spective ranks are allowed when in the service of the United States. The accounts of the 
Their ac- adjutant-general for the same, being first certified by a major-general or the commandcj. 
^recertified in chief; the accounts of the brigade inspectors, by a brigadier general; and those of th© 
adjutants, by a lieutenant-coloneL 

Sec. 30. And be it further enacted, That his Excellency the Governor, is hereby 
authorized to cause a sufficient number of copies of this law, together with <he act of 
Congress, more effectually to provide for the national defence, by establishing an uni- 



PASSED IN THE YEAR 1803. 



(No. 129.) 
Copies of 
this law, of 
the U. Strtes, 
militia law, & 
the articles of 
war, to be 
printed and 
distributed, 
among the of- 
ficers. 



form militia throughout the United States, and the act of Congress for calling forth the 
militia to execute the laws of the Union, suppress insurrections and repel invasions, and 
the articles of war, to be printed and distributed throughout the State, so that every 
general and field officer therein, and every brigade inspector, adjutant and captain may 
be furnished with one copy each; and his Excellency the Governor is moreover required 
to contract for a sufficient number of copies of the rules of discipline prescribed by 
Congress for the troops of the United States, as will furnish the commanding officers of 
every company through the State with one coby— -all which shall be the property of the 
company, and descend to them in the succession of captains as long as they may last. 

Sec. 31. JLnd be it further enacted, That it shall be the duty of every captain or 
commanding officer of a company, to read or cause to be read, in the hearing of his companies to 

° ° read the mili- 

company whilst on parade, at least such parts of the militia law of this State and of the tia laws to 
United States, as relate to discipline and the preservation of good order, once in ni ^f com P a - 
everyyeaiv 

Sec. 32. And be it further enacted? That all militia laws heretofore passed in this 
State (except such as relate to patroling) be, and the same are hereby repealed. clause? *~ 



Captains of 



ABRAHAM JACKSON, Speaker of the House of Representatives* 
DAVID EMANUEL, President of the Senate. 
Assented to, December 10, ISOSi- 

JOHN MILLEDGE, Governor. - 



AN ACT 

To authorize certain Commissioners tiierein named, to define, ascertain and new-mark 
the Division Lines between the counties of Elbert and Franklin -,* the Division Line 
between the counties of Glynn and Camden ; the Division Line between the counties of 
Liberty andM'Intosh, and the Division Line between the counties of Montgomery and 
Tattnall. 

HEREAS the lines dividing the counties of Elbert and Franklin, Glynn and 
Camden, Liberty and M'Intosh, and Montgomery and Tattnall, has never been properly 
defined and ascertained, and difficulties having already arisen from the want of suck 
ascertainment — For remedy whereof, 



* See act of 1806, No. 226, repealing- this act so far as- relates to Elbert and Franklin and appointing other 
commissioners, and also see act of 1807, No. SG3, repealing all acts on this subject so far as relates to Fxaiiklin jy 
joresaia a.nd appointing other commissioners. 



(No. 130.) 



Preamble. • 



176 



LAWS OF GEORGIA, 



Certain com 

missioners 
named to as 



(No. ISO.) Sec. 1. BE it therefore enacted by the Senate and House of Representatives of the 
State of Georgia in General Assembly met. That Allen Daniel, and Moses Haynes, of 
the county of Elbert — and Thomas P. Carnes, and James Little, of the county of 
Franklin — Richard Ward, and William Cone, of the county of Glynn Nathaniel At- 
kinson, and John Parish, of the county of Camden— Elijah Lewis, and Elijah Baker, 

certain and of the county of Liberty — Samuel Jones, and Murdoch M'Lesd, of the countv of 
mark the di- ■»„- . « " 

vidimj lines M'mtosh — and Ahner Davis, for the county of Montgomery — and James Thomas, for 

taincoTn^s ^e eGun ty °f Tattnall, shall he commissioners for and in behalf of their said several 
counties aforesaid, who shall be invested with full power and authority, to define and 
ascertain the said lines dividing the said several counties, and plainly to mark the omes • 
which lines, when so ascertained and marked as aforesaid, by the commissioners afore- 
said, shall he deemed, held and taken as the true lines of.division between the said seve» 
ral counties. 



Sec. 2. And be it further enacted, That the Inferior courts of each of the aforesaid 
I, . counties, shall make compensation for the services rendered by the commissioners ap- 

1 hier com- ' *" 

pensation, pointed for the respective counties, out of the county funds. 

who to m;ike. 

ABRAHAM JACKSON, Speaker of the House of Representatives, 
DAVID EMANUEL, President of the Senate, 
Assented to, December 10, 1803. 

JOHN MILLEDGE, Goveknok. 



(No. 131.) 



Preamble 



AN ACT 

To declare the approbation and assent of this State, to the amendment of the Constitution 
of the United States, proposed by Congress, respecting the Election of President and 
Vice-President, and to confirm and raiify the same on the pari of this State. 

H HEREAS the Congress of the United States, have resolved, two thirds of both 
houses concurring, that in lieu of the third paragraph of the first section of the second 
article of the Constitution of the United States, the following be proposed as an amend- 
ment to the Constitution of the United States, which, when ratified by three-fourths of 
the Legislatures of the several States, shall be valid to all intents and purposes as part 
of the said constitution, to wit : ■" The electors shall meet in their respective States* 



PASSED IN THE YEAR 1804. iP 



and vote by ballot for President and Vice-President, one of whom at least, shall not be an (No. 131.) 
inhabitant of the same State with themselves. They shall name in their ballots the person 
voted for as President, and in distinct ballots the person voted for as Vice-President. And 
they shall make distinct lists of all pet-sons voted for as .. President, and of all persons 
voted for as Vice-President, and of the number of votes for each ; which list they shall 
sign and certify, and transmit sealed to the seat of the government of the United States, 
directed to the President of the Senate. The President of the Senate shall, in the pre- 
sence of the Senate and House of Representatives, open all the certificates, and the 
votes shall then be counted. The person having the greatest, number of votes for Pre- 
sident, shall be the President, if such number be a majority of the whole number of 
electors appointed. And if no person have such majority, then from the persons having 
the highest numbers, not exceeding three on the list of those voted for as President. — 
The House of Representatives shall choose immediately by - ballot the President, but in 
choosing the President, the votes shall be taken by States ; the representation from each 
State having one vote; a quorum for this purpose, shall consist of a member or members 
from two-thirds of the States, and a majority of all the States shall be necessary to a 
choice. And if the House of Representatives shall not choose a President, whenever 
the right of choice shall devolve upon them, before the fourth day of March nest fol- 
lowing, then the Vice-President shall act as President, as in the ease of the death or 
ether constitutional disability of the President. The person having the greatest number 
of votes as Vice-President shall be the Vice-President, if such number be a majority of the 
whole number of electors appointed. And if n person have a majority, then from the 
two highest numbers on the lists, the Senate shall choose the Vice-President, a quorum 
for the purpose shall consist of two-thirds of the whole number of Senators, and a ma- 
jority of the whole number shall be necessary to a choice; but no person constitutionally 
ineligible to the office of President, shall be eligible to that of Vice-President of the 
United States." And wkeueas, the Senate and House of Representatives of this State 
do approve of the said proposed amendment. 

BE it therefore enacted by the Senate and House of Representatives of the State of 
Georgia, in General Assembly met, and it is enacted by the authority of the same, That to&^SS 
the said proposed amendment of the Constitution of the United States, above recited, KSdslS 

ha, and the same is hereby assented and agreed to, confirmed and ratified. 



"tea. to li: a 



ABRAHAM JACKSON, Speaker of the House of Representatives. 

DAVID EMANUEL, President of the Sew! ■, 
Assented to, May 4, ISOi. 

JOHN MELLEDGE, Governor, 



178 LAWS OF GEORGIA, 



(No, 132.) AN ACT 



To prevent the insurrection of slaves, and to punish such persons as shall excite, promote, 

aid or abtt any such insurrection. 



Src 1 

'^E it enacted by the Senate and House of Representatives of the State of 

Georgia, in General Assembly met, and it is enacted by the authority of the same, That 
from and after the passing of this act, if any person or persons, shall raise or attempt 
or endeavour to raise any insurrection of slaves, or shall counsel, advise, aid or abet any such 
insurrection, or shall excite, promote, instigate, or stir up or endeavor toexcite, promote, in- 
stigate, or stir up any such insurrection, every person or persons so offending, -shall on convicti- 
on thereof, be adjudged guilty of felony, and shall suffer death without benefit of clergy* 

Persons hold- Sec. 2. And be it further enacted, That if any person or persons, shall hold any dis- 
burse" \end- course 0l * conversation with any slave or slaves, and shall make or deliver, or cause, or 

ing- to excite procure to be made, or delivered to any slave or slaves any discourse, speech, harangue 
skives to in- . . x • ■ » 

surrection or or talk tending to excitesuch slave or slaves to sedition, tumult or disorder, or write, print, 

ishe" C and a if or publish any such discourse, speech, harangue or talk ; every person or persons so of- 

fbund at large fending*, shall on conviction thereof, bo declared a;uilty of felony, and banished this state 

m the State 

thereafter, forever. And if any such person or persons shall at any time after being so convicted and 
banished, return to and be found at large within the limits of this state, he, or they so, 
returning, shall suffer death without benefit of clergy. 

ABRAHAM JACKSON, Speaker of the House of Representatives* 

DAVID EMANUEL, President of the Senate. 

Assented to, 19th May, 1804. 

JOHN MLLLEDGE, Governor. 



(Ng. 133.) 



AN ACT 

To establish the salary of the Judges of the Superior Courts, and the Attorney and Solici- 
tors-General of this Stule. 



Judges, a( tor. . 
nits and soli- 1 3 
eitors-sreneral 



E it enacted by the Senate and House of Representatives of the State ef Georgia, in 
general Assembly met, That the Judges of the Superior courts of this State, shall receive 



PASSED IN THE YEAR 1804. 179 



for their salary, the sum of fourteen hundred dollars each per annum; and the Attorney (No. 133.) 
and Solicitors-General each, the sum of one hundred and fifty dollars per annum, to he 
paid quarterly out of any monies which may be in the Treasury at the time the said 
several sums may become due. 

ABRAHAM JACKSON, Speaker of tlie House of Representatives* 

JARED IRWIN, President of the Senate, 

Assented to, November 21, 1804. 

JOHN MILLEDGE, Governor. 



AN ACT* (No. 134.) 

To incorporate the Vann's Creek Baptist Church in Elbert county. 

Sec. 1. Jj£j£ it enacted by the Senate and House of Representatives of the State of 
Georgia, in General Assembly met, and by the authority of the same, That Dozier Thorn- 
ton, John White, Joseph Chipman, Reuben White, junr. Littleton Johnston, Robert bl^tistcSh 
Burk, and John Johnston and their successors in office, shall be and they are hereby de- in Elbert in- 
elared to be a body corporate, and known by the name of the Incorporated Vann's Creek 
Baptist Church. / 

Sec. 2. And be it further enacted, That the said Dozier Thornton, John White, Jo- 
seph Chipman, lleubcn White, junr. Littleton Johnston, Robert Burk, a;?d Jchn John- trustees to 
nston, and their successors in office, shall be invested -with nil such property, both real and !lold . m '°P rrt - v 
personal, as shall or may be bestowed on said society or church, by gilts, grants or o- 
iherwise, in trust, for tho use and benefit of the said society or church, 

Sec. 3. And be it further enacted, That the aforesaid society or church, or a majority 
of them, shall at any time they may deem proper, proceed to elect other persons as trus- 
tees, in room of the aforesaid Dozier Thornton, John White, Joseph Chipman, Reuben Active. 
White, junr. Littleton Johnston, Robert Burk, and John Johnston, or either of them, or 
their successors in office, previously thereto, giving at least thirty days notice of such in- 
tention to said society or church. 

Sec. 4. And be it further enacted, That the aforesaid trustees, and their successors in 
office, shall be, and they are hereby declared to be a body corporate, and capable of sue- dv politic. 



Tii* act repealed by- act of 1806, No. 236. 



180 kAWS OP GEORGIA, 



.CNc is*.) ing and being sued, of pleading and being impleaded, and of using ali legal measures for 
ti.e recovery and defending any property which the said society or church may have, hold, 
claim or enjoy. 

ABRAHAM JACKSON, Speaker of the House of RepresnMtivm 
JARED IRWIN, President of the Senate. 
Assented to, November 21, 1804. 
. JOHN MELLEDGE, Gotekwor, 



(JMo. 135.) 

To raise money by Lottery, for the purpose of aiding the funds for erecting a Poor > 
House and Hospital,* in the City of Savannah, and also to rebuild the Court-House in 
the county of Chatham, 

Preamble- S- 7. HEREAS the building a poor-house and hospital, in the city of Savannah, as a re- 
ceptacle for unfortunate poor and distressed persons j and the re-building the court-house* 
in the county of Chatham, which has been destroyed by the late violent storm, are objects 
of much magnitude and greatly merit legislative aid* : 

Lottery al- 
lowed for the 

purpose of aid Sec. 1. BE it enacted by the Senate and House of Representatives of the State of 

house "fund* & Georgia, in General Jlssembly met, and by the authority of the same, That a lottery be, 

rebuildmgthe an d hereby is allowed and authorised, which said lottery shall be managed and drawn un- 

court -house of a 

Chtaham der the direction of Edward Telfair, Joseph Clay, senr. Thomas F. Williams, John P. 

„ ' y ' Williamson, and John H.Morell, who are hereby appointed commissioners for that pur- 

Commission- i 

ers appointed pose, and are hereby authorized to adopt such scheme or schemes for the said lottery, as 

effect! 7 tnt0 * ne J nia y deem fit, so that the sum ©f twenty thousand dollars, at least, be raised thereby. 

Proceeds of 

aid lottery, Sec. 2. And be it further enacted, That the money arising from said lottery, after de- 
.^ appiopn. j uct j n g fk e eX p 8Iises attending the same, be and the same is hereby appropriated,* one 
half to, and for the purpose of aiding the fund already established by subscription, in the 
couuty of Chatham, for erecting a poor-house and hospital in the city of Savannah, as a re- 
ceptacle for unfortunate and distressed persons; and the other half to, and for the purpose 
of re-building the court-house of said county. 



Further aided by act of 1808, No. 349, authorizing the sale of BetheseLa college estate. 



PASSED IN THE YEAR ISO*. 131 



Sbc. S. And be it further enacted, That the commissioners aforesaid, shall, within (No. 156.) 
sixty days after the drawing of the said lottery is completed, pay over and deliver the paidVyer to 
sum and sums of money arising from the said lottery, after deducting expenses; one half P ro PfJ >el j son , s 
to the trustees already appointed, by a number of persons who have subscribed, for the purposes. 
purpose of building a poor-house in the city of Savannah, to be by them applied in aid of 
that fund, for that benevolent purpose ; and that the said commissioners hereby appointed 
to superintend the said lottery, be and are hereby added to the trustees appointed as afore- 
said, to superintend the building of the said poor-house and hospital ; and the other half to 
be paid and delivered to the commissioners of the court-house, in the county of Chatham 
to be by them applied to the re-building of the court-house. 

ABRAHAM JACKSON, Speaker of the House of Representatives. 

JARED IRWIN, President of the Senate, 

Assented to, November 21, 1804. 

JOHN MILLEDGE, Govbrwor, 



AN ACT 

To authorize the commissioners of the Academy of Washington county, to dispose of 

certain lands. 



(No. 136. 



S3 E it enacted by the Senate and House of Representatives of the State of Georgia in 
General Assembly met, and by the authority of the same, That the commissioners of the 
academy of Washington county, their successors in office, or a majority of them, are Commissi 
hereby fully empowered, to sell or otherwise dispose of, to and for the use and benefit w^hingL 
of the said academy, all and singular the lands or any part thereof, heretofore puicha- count 3 r acafle ' 

.,.,„,,,, .. „, A my authoriz- 

sed by virtue ot law, by the commissioners of the said seminary, at the sales of revert- ed to sell cer 
ed confiscated property ; and the said commissioners in the sale, or other disposition of Um landS 
the said land, shall do the same on the most efficient security, and on such terms and 
conditions, as may be most conducive to the interest and prosperity of the aforesaid 
institution. 

ABRAHAM JACKSON, Speaker of the House of Representatives* 
JARED IRWIN President of the Senate. 
Assented to, December 3, 1804. 

JOHN MILLEDGE, Governor, 



182 LAWS OF GEORGIA, 



(No. 137.) AN ACT 

To amend an act entitled " An Act to appoint commissioners, for the letter regulation 
and government of tlie Town of Petersburg.'' 



HEREAS tkc powers granted to the commissioners of the town of Petersburg 
i*re le.. by the afore recited act, are not sufficiently extensive for carrying into full and complete 
effect, such regulations as the welfare of said town requires, and whereas disputes have 
arisen relative to the commons and limits of said town. 



Commission- 



Sec. 1. BE it enacted by the Senate and House of Representatives of the State of 

Georgia, in General Assembly met, and it is enacted by the authority of the same, That 

ei-6 1© havethe the said commissioners shall have power to employ the county surveyor of Elbert, and 

ed ani^the' " AV * tn nmi *° surve y sa *d town, and ascertain and lay out the commons thereunto belonging, 

commons laid agreeable to the proposals, upon which said town was settled ; and cause a correct plat of 

the same to be made and recorded in the clerk's office of the superior courts for said 

county. 

Sec. 2. And be it further enacted, That the said commissioners shall have power, and 

be capable in law, to purchase, hold and retain to them and their successors in office, to 

'l 'hey may ac- the use of the said town, in perpetuity or for any term of years, any estate real or person- 

?'for the "us" u *> a * so to * easc or u * re tue same f oi ' an 7 term not exceeding ten years ; and to sue and 

ofihetov,-n& be sued, implead and be impleaded, and to answer and be answered unto in any court of 

lease or hire . 

it out. law or equity -in this state. 

Sec. 3. And be it further enacted, That they shall have power to make such by-lawsj 

Wa> make rules and regulations, respecting the streets, public buildings and taverns, carriages, 

bye-kws fur wa gg 0nSj car ts, drays, pumps, buckets, fire-engines, the care of the poor, the regula- 

mem of the tion of disorderly people, negroes, and in general all regulations which they may deem 

necessary for the welfare and convenience of said town, and for preserving good order 

therein : Provided they be not repugnant to the constitution and laws of this State. 

May levy tax- gEC> ^. And be it fur iher enacted, That said commissioners shall have power to make 

i_s, inflict fines »> 

&c. for carry- sue h assessments on the citizens or persons holding taxable property in said town, as may 
laws aito ci- from time to time appear necessary ; to inflict pains and penalties and forfeitures for effen- 
ilicL ces committed against the by-laws and regulations ; to appoint a clerk, treasurer, sheriff, 

constable, and all other officers (affixing their salaries) that may appear to them neces- 
sary, for carrying into full effect the by-laws and regulations of said town. 

ABRAHAM JACKSON, Speaker of the House of lleprescntatrvcs. 
JARED IRWIN, Trident of the Senate. 
Assented to, December 3, 180 i<. 

JOHN BULLED G E, G o visits on. 



PASSED IN THE YEAR 1804. M 



AN ACT* C^ T o. 138.) 

To authorize the Trustees of the Orphan House or Bethesda College, in the eounty of 
Chatham, to sell certain unproductive lands, and to reducethe number of Trustees of the 
said institution. 

Preamble. 



IIEREAS it appears by the memorial of the trustees of the orphan house, in the 
eounty of Chatham, that it is expedient to sell anddespose of certain unproductive lands, 
belonging to the said institution. 

Sec. 1. BE it therefore enacted by the Senate and House of Representatives of the 
State of Georgia, and it is enacted, That it shall and may be lawful to, and for the The tniste<s 
trustees of the said orphan house or collese, or a majority of them, to sell and dispose of the orphan 

1 . , house ofChat- 

of, at public or private sale, the following tracts of land : (that is to say) one thousand h^m authori- 
acres in the former parish of St. Patrick, now county of Glynn, situate and being on certain tracts 
the south branch of Turtle river, bounded at the time of survey, on all sides by vacant °f, 1 sn«i 
lands ; also five hundred acres, in the former parish of St. David, now county of Glynn, 
bounded to the north east by the Alatamaha river, to the north hy a Carolina survey for 
Henry Lawrens, and on every other side by vacant land ,• and also five hundred acres in 
the same parish of St. David, and county of Glynn, bounded eastwardly by the Alata- 
maha, north west by land laid out for Henry Monroe, and to the south by land vacant, 
which said several tracts of land, were granted to the reverend George "Whitfield, for 
the endowment of the said institution, of which he was the founder, and to make and 
execute good and sufficient titles to the purchaser or purchasers of the said land, in 
whole or in part, in fee simple or otherwise, as to (he said trustees shall seem most ben- 
eficial and advantageous ; and to apply as well the monies arising from such sale or sales, 
as the rents, issues and profits of those other lands appertaining to the said institution, applied 
known by the name of Bethesda, Euphrates, Nazareth, Huntingdon, Habersham, or by 
whatever other name or names such lands may be called or known, to the use, benefit 
and advantage of the said institution, according to the intention of the founder, and the 
laws of the State relative thereto. 

AND WHEREAS from the difficulty of convening a majority of the present trus- 
tees, it is rendered expedient to reduce the number. 

Sec. 2. BE it therefore enacted, That the present trustees shall continue and re- 
main until by death or otherwise, the number shall be reduced to nine, and that in the 

mean time, a majority of the existing number shall constitute a board, and be competent Trustee* «c- 

° L duced in umn 

to do ant! perform all the business of the said institution. And from and after the reduc- ber. 

tion of the said trustees to the number nine, the said nine or a majority of them, shall 

* «k« *ctoi ibuo, No. J49, dirt«i.ing Ui« manner in which ti^s estate shall be disposed or'. 



Monic s b.ow- 



*** LAWS OF GEORGIA, 



(No, 138.) constitute a board, and be competent to business as aforesaid, and that when and so often 
as a vacancy shall happen amongst the said nine members, such vacancy shall be filled 
as heretofore by the governor. 

Repealing- Sec. 3. And belt further enacted, That all acts heretofore passed, so far as the same 
are contrary hereto, be and the same are hereby repealed. 

ABBAHAM JACKSON, Speaker of the House of Representatives, 

JARED IRWIN, President of the Senate, 

Assented to, December 3, 180&. 

JOHN MILLEDGE, Governor. 



(No. 139.) 



AN ACT* 



Supplementary to an act, entitled " An Act to secure to Jesse M'Call, the exclusive right 
of erecting a Toll-Bridge over the river Great Ogechee," passed the 9th of May, 1803. 



JO E it enacted by the Senate and House of Representatives of the State of Georgia, in 
General Assembly met, That for the term of fifteen years from and after the passing of this 

y>o person 

to erect a fer- act, it shall not be lawful for any person or persons to erect any new bridge, or establish 
over the Ji eat any new public ferry over the said river Great Ogechee, within five miles above or below 
Ogechee, the place where the said Jesse M'Call has erected his bridge, pursuant to the act above 

within five r ° 

miles of Jesse recited; and every person or persons who shall erect any new bridge, or establish any 
new public ferry, contrary to tlie provisions of this act, shall for every such offence, forfeit 
and pay to the said Jesse M'Call, his heirs »r assigns, the sum of one thousand dollars, to be 
recovered by action of debt, in the Superior or Inferior court of the county wherein such 
offender or offenders shall reside : Provided, That the said Jesse M'Call, do within three 
He to give months from the passing of this act, give bond and security to the commissioners of the 

curity to roads of Bryan county, in the sum of one thousand dollars, conditioned to keep the said 

briXe in re- bridg e in good repair during the term aforesaid, and to answer all damages that may arise 

pair. jjy reason of the badness or want of repair of such bridge. 

ABRAHAM JACKSON, Speaker of the House of Representatives. 
JARED IRWIN, President of the Senate. 

Assented to, December 3, 180i. 

JOHN MILLEDGE, Governoh. 



PASSED IN THE YEAR 1803. 1»5 



AN ACT ( No - 140 

To authorize Peter Coleman to erect a Mill on Little River. 

^Eit enactedbythe Senate and House of -Representatives of the State of Georgia in fetettofo. 

General Assembly met, and by the authority of the same, That it shall be lawful for Peter ^"fe ™£ 

Coleman, of the county of Columbia, to erect a Mill on Little river, at the mill seat of }^gg» 
the said Coleman, near the plantation of the said Coleman, any law to the contrary not. 

withstanding -.—Provided nevertheless, That the same does not interfere with the right of Proviso - 
any other person. 

ABRAHAM JACKSON, Speaker of the House of Representatives. 
JARED IRWIN, President of tlw Senate. 
Assented to, December 3, 1804. 

JOHN MILLED GE, Governor. 



AN ACT (No. «*•> 

To pardon Chatten Boggett Scroggen. 



m 



HEREAS at a Superior court held in and for the county of Jackson, for October 
term, in the year of our Lord, one thousand eight hundred and four, a certain Chatten p ream t>i e 
Doggett Scroggen, was convicted of the crime of murder, as principal in the second 
degree ; and received sentence of death, to be executed on the twenty-sixth day of Octo- 
ber, in the year of our Lord, one thousand eight hundred and four, but on the petition of 
sundry persons, inhabitants of said counties of Jackson, Clark, and others, to his 
Excellency the Governor, praying a respite for the said Chatten Doggett Scroggen, 
which was granted until the fourteenth day of December next. 

BE it enacted by the Senate and House of Representatives of the Stale of 

Chatten O 1 

Georgia, in General Assembly met, and by the authority of the same, That from and Scroggen par* 
immediately after the passing of this act, the said Chatten Doggett Scroggen, be, and 
he is hereby declared to be freely, fully and entirely pardoned, exonerated and discharg- 
ed from the pains and penalties of his said conviction, as fully, freely, and entirely, as 
if such ofiencc had never been done or committed hy him. 

ABRAHAM JACKSON, Speaker of the House of Representatives 
JARED IRWIN, President of the Senate. 
Assented to, December 3, 1804* 

JOHN MILLEDGE, Governor. 

% 



doned- 



is a LAWS OF GEORGIA, 



P"o. 112.) AN ACT 

To amend and revise An Act to incorporate the town of St. Mavxfs,. 

EB.EAS from the extent and population of the town of St. Mary's, its «tow~ 
importance both with respect to increase of inhabitants and diffusive commerce, it is 
indispensably necessary that many regulations should be made for the preservation of 
peace and good order within the same :— And whereas from the many weighty and im- 
portant matters that attend the legislature at their general meeting, it has been found. 
inconvenient and may hereafter become more so, to devise, consider, deliberate on and 
determine all such laws and regulations as emergencies, or the local circumstances o£ 
the said town, may from time to time require.. 

Body ccr- Sec. 1. BE ii therefore enacted, That from and after the passing; of this act. all 

■jinj-ate oi Said , 

town named, persons, citizens of the United States, and residing six months within the said town and: 

having a freehold or lease for years, of a lot within the same, shall be deemed, and they 

are hereby declared to be a body corporate and politic; and there shall be an intendant 

counc'u to be anc * couac il °f * ue sa id town j and they and their successors shall have perpetual sucees- 

appomted. %\o\\ 9 and be styled and known by the name of the intendant and council of the town of 

St. Mary's, and shall have a common seal, and be capable in law to purchase, have* 

hold, receive, enjoy, possess and retain, to them and their successors, for the use of the 

•Tteeif duties sa j t j town of St. Mary's, in perpetuity, or for any term of years, any estate or estates* 

ut privileges. ./**«/ * ./ r ,/ v 

real or personal, messuage, lands, tenements or hereditaments of whatever nature oi* 
kind soever, within the limits of the said town ; and to sell, alien, exchange or leas© 
the same, or any part thereof, as they shall think proper; and by the same name to 
sue and be sued, implead and be impleaded, answer and be answered unto, in any court 
of lav/ or equity in this State. And they shall also be vested with full power and autho- 
To make rity from time to time, under their common seal, to make and establish such bye-laws, 
rules and ordinances respecting the harbor, streets and public buildings, work houses* 
markets, wharves, public houses, carriages, waggons, carts, Urays, pumps, buckets 
fire engines, the care of the poor, appoint a harbor master and health officer, the regu- 
lation of disorderly people, negroes, and in general, every other by-law or regulation 
that shall appear to them requisite and necessary for the security, welfare, convenience 
and advantage of the said town, or for preserving order and good government within the 
same, and the said intendant and council shall also be vested with. f nil power and autho- 
rity to make such assessments on the inhabitants of the said town, or those who hold 
taxable property within the same, for the safety, benefit, convenience and advantage of 
the said town, as shall appear to them expedient: Provided, that the tax or assessments so 
leived by the said intendant and council, within their said jurisdiction does not exceed the 
xts k fines, ordinary (axes of this State as regards slaves, & to affix & levy fines for ali offences committed 
against the bye-laws of the said town j and they are hereby authorized to appoint a clerk? 



bye-laws. 



"V 



ay u 



PASSED IN THE YEAR 1304, 187 



treasurer, health officer, commissioners of pilotage, foe masters, marshals, constables, 
and all such other officers (affixing the salaries and fees of such officers respectively) as 
shall appear to them requisite and necessary for carrying into effectual execution all the 
bye-laws, rules and ordinances they may make for the good order and government of the 
said town, and the persons residing therein ; Provided, thai nothing herein contained shall 
authorize the said intendant and council, to make any Lye-laws repugnant to the constitu- 
tion or laws of the land: Jlnd provided also, that the hye -laws rules and ordinances they 
may make, shall at all times he subject to the revisal, alteration or repeal of the legislature. 



Sec. 2. Be it further enacted, That any two justices of tiie peace for the county of The numu . 
Camden, shall, without loss of time, after the passing of this act, and on the second l ? co ^ Jlcll ^fi 
Monday in October, annually thereafter, give ten days public notice in two or more pub- ed. 
lie places in the said town of Saint Mary, that five members are to be chosen to consti- 
tute the council of the said town, and which said five members of the council shall have 
the same qualifications as members of the State Legislature, and also the qualifications 
t)f electors ; and that all free white persons being citizens of the United States, and re- 
siding six months within the said town, and having a freehold or lease for years of a lot 
therein as aforesaid, shall be entitled to vote for five members, to form the council afore- 
said ; and they shall also notify the time and place, when and where the election is 
to be held, and shall superintend the same, or appoint proper persons so to do ; and the 
superintendants, when the election is closed, shall give notice to the several persons of their 
appointments respectively, and summon them to meet together at any time and place with- T 
in three days after their election, for the purpose of taking the oath of office prescribed oath. 
by law, which oath may be administered by any justice of the peace, or by one of the 
members so chosen, to another $ provided three be present at the time of administering the 
same, and shall be in the words following :— " I, A. B. do solemnly swear, that I will- Oath. 
to the utmost of my power, support, advance, protect and defend the good order, peace 
and welfare of the town of Saint Mary, and its inhabitants \ and will faithfully demean 
myself in the office of intendant (or member of the council as the case may be) for % 
the town of St. Mary, according the laws and regulations thereof, to the best of my 
skill and judgment; and that I will support the constitution of this State, and the con- 
stitution of the United States.* 

Sec. 3. Be it further enacted, That when three or more of the said members shall 

have met and qualified as aforesaid, they shall within three days thereafter, cail a meet- The Intendant 
4 J J how appoint- 

ing of the said members, and elect from their own body, (the concurrence of three being ed, his duty 

necessary to a choice) an intendant of the said town.; and the said intendant, or in case the coxmciU 

of his absence or disability, any two of the members, shall and may, as often as occasion 

may require, summon the members to meet together in council, any two of whom with 

the intendant, or any three, shall be competent to proceed to business. And should a 

vacancy happen by death, resignation or otherwise, it shall be filled by the people, 

■who are to be notified thereof, ten days previous to the election. 

* See act "of 1805, No. 248, explaining this sectien. 



Shall be 
court 5c shall 



483 LAWS OF GEORGIA, 

m. 142.) Sec. 4. And be it further enacted, That the intendant and members of the said 

Further dr ^""^l '' sIiaI1 eac]l of tIiem liave ful1 P ower and authority, and they are hereby required 
ties of the in- t0 kee P peace and good order within the said town, to issue warrants, and cause all of- 
coundL imd fenders to bc brought before them, and on examination, either to release, admit to bail, 
if the offence be bailable, or commit to the custody of ths sheriff of the county of Cam- 
thT*™iraS den '' Wh ° is hereby authorized and commanded to receive the same, and the same t© keep 
a justice of in s afe custody until discharged by due course of law ; and the said intendant, and every 
safi-toS m ef the members of the said council, for the time being, shall be vested with all the pow- 
ers and authorities that justices of (he peace are vested with by the laws of this State, 
and shall and may exercise the same in every part of the said town for the preservation 
have cogniz- of the peace and good order thereof. 

ance of cases 
not exceeding 

59 dollars. Sec. 5. And he it furtlwr enacted, That it shall and may be lawful for the said 

intendant, or in his absence, any three of the council, and they are hereby empowered 
at any time after the passing of this aet, to hold courts once in every month throughout 
the year, to appoint such officers as they may think necessary, and to settle and allow 
reasonable fees, not exceeding one half the fees allowed for like services in the inferior 
Ap eal al cour£s eo g niz able therein, and to have jurisdiction of, and to hear and determine all civil 

lowed. causes not involving the right or title to any land or real estate arising within the juris- 

diction of the corporation, so as the demand in such suit or aetion does not exceed the 
sum of fifty dollars ; and to give judgment and award execution therein according to 
law : Provided, That if any party to a suit, shall feel him, her or themselves aggrieved 
May hold to by the decision of the said courts, it shall and may be lawful for such party to enter an 

rors^ &c JU appeal within three days after such trial, first paying all costs which may have accrued 
on such trial, and giving su fBcient security to abide and perform the sentence ofthe court 
at the trial of the appeal; and all appeals from the decision of the said courts, shall be 
tried at the next succeeding court day after such trial by a jury of twelve men, whose 
verdict shall be finaL 

Sec. 6. And be it further enacted, That the said intendant and council, shall have the 
like power and authority fc to hold to bail for debts within their jurisdiction, and under like 
restrictions as pointed out for the superior and inferior courts ; and shall have power to 
draw and impanjiel jurors for the trial of appeals, who shall be resident within their 
jurisdiction, and shall be qualified and liable to serve as petit jurors, to cause them to 
be summoned at least five days before the said court, and to fine them for non-attendance 
or other misconduct, in manner such as they may think proper, not exceeding half the fines 
for non-attendance on inferior courts of this State ; and shall have power to award execu- 
tion for suck fines, and cause the goods of the persons so incurring such fines, to be sold 
by virtue thereof. 



PASSED IN THE YEAR 1804. 



18& 



Sec. 7. And be it further enacted, That the said ititendant and council, shall in all (No. 142.) 
judicial proceedings have reference to, and be governed by the laws in force in this Are a court 

State, for regulating the judicial proceedings thereof ; arid the said court of intendant sdnsattencUhg 

and council thereof is declared to be a court of record, and any person necessarily going f rom arreS t 
to, being at, or returning therefrom, shall be free of arrest on any civil suit* 



Sec. 8. And he it further enaeted, That the said intendant and council, are hereby 
authorized and empowered to use the jail now erected in the town of St. Mary', as a 
place of confinement for persons offending against the laws of said corporation, 
to employ the present court-house in said town, in such way as they may see fit. 



May have tile 

benefit of the 

court house & 

and also jail of st. Ma» 

■ry's. 



Sec. 9. And be it further enacted, That the said intendant and council are hereby 
authorized and required to appoint a board of commissioners of pilotage for the port and 
district of St. Mary, and also, to appoint asy number of pilots they may see fit for the 
game j and to prescribe and establish any such rules and regulations, as they may deem 
expedient therefore; which rules and regulations shall be binding on all pilots, and those 
'that act under them, any law to the contrary notwithstanding,* 

ABRAHAM JACKSON, Speaker of the House of Representative?* 

JARED IRWIN, President of the Senate, 

Assented to, December 10, 1804* 

JOHN MILLEDGE, Gove*™, 



May appoint 
commission- 
ers of pilot- 

a S e & pilots. 



AN ACT 

■Appointing commissioners for ascertaining and fixing the dividing line, between this 
State and the State of North-Carolina. 



HERE AS by an act of the legislature of Sdudi-Carolina, passed the eighth day of 
March, in the year one thousand seven hundred an* eighty-seven, certain delegates were 
fully authorized to assign over to the United States, all that tract of territory within the 
chartered limits of the said State,- lying and being within the boundaries and lines here- 
inafter described, that is to say: all the territory or tract of country, included within 
the river Mississippi, and aline beginning at that part of the said river Mississippi, 

* See act also of 1806, No. 248, explaining this section, 



(No. U&) 



Preamble, 



&9Q LAWS OF GEORGIA. 



(No, 143.) which is intersected by the southern boundary line of North -Carolina, and eontinuin* 
along the said boundary line until it shall intersect a ridge or chain of mountains which 
divides the eastern from the western waters, thence along the said ridge of mountains to 
. where it intersects a line to be drawn due west from the head of the southern branch of 
Tugalo river to the said mountains; and thence to run a due west course to the river 
Mississippi. 

And whereas, the United States did accept of a deed of cession, executed by the 
said delegates in due form, on the seventh day of August, in the year of our Lord 
one thousand seven hundred and eighty-seven. 

And whereas; it also appears, that previous to the date of the aforesaid deed of ces- 
sion, that is to say: in the year of our Lord, one thousand seven hundred and seventy- 
two, the Governors of the then provinces of North and South-Carolina, by virtue of an 
order of George the third, King of Great-Britain, appointed commissioners to alter the 
3ine between the two provinces aforesaid, now Stales of North and South-Carolina, 
which said line was actually run and ascertained by the said commissioners ; and that the 
said line was continued from the end of the line northwest from Little river, a due west 
course to the lands belonging to the Catawba nation of Indians, thence northwardly with 
their lands, so as to leave the same in South-Carolina, thence due west; by which pro- 
ceeding it evidently appears that all the land comprehended within the limits of Walton 
county, and as far as the thirty-fifth degree of north latitude, continued to be the pro- 
perty of South-Carolina, until their deed of cession to the United States. 

And w'hereas articles of agreement and cession were entered into, and signed, sealed ? 
and executed, by commissioners duly authorized by the United States and this State 
respectively, on the twenty-fourth day of April, in the year of our Lord, one thousand 
eight hundred and two] which were ratified by this State on the sixteenth day of June 
following, by which articles of agreement and cession aforesaid, the United States 
conveyed to this State, both the right of soil and jurisdiction to all the territory within 
the aforesaid boundaries and limits, which the State of South- Carolina had any claim to 
at the time that State made a cession of the same to the general government. 

And whereas the State of Georgia did, being vested by the articles of agreement 
and cession aforesaid, with the right of soil and jurisdiction of the lands within the lim- 
its of the county of Walton, passed «n act on the tenth day of December, in the year of 
our Lord, one thousand eight hundred and three, entitled « An Act to establish a county 
in the territory lately acquired by the cession of the United States," which said act has 
been carried completely into effect : and the said county of Walton in pursuance of the 
Same, hath been duly organized, and the authority of this State exercised therein* 



PASSED IN THE YEAR "1804. lyl 



And whereas it is necessary that commissioners, on the part and behalf of this (No. 143.) 
State, should he appointed to meet any commissioners which may hereafter be appointed 
for the State of North Carolina, for the purpose of marking more plainly the line in- 
every part designating the county of Walton, 

BE it therefore enacted by Hie Senate and House of Representatives of the State of ^V^y 
Georgia in General Assembly met, and by the authority of the same, That his Excellency appoint 'com- 
the Governor be, and he is hereby authorized and required to appoint two or more fit gggjg j*J 
and proper persons, as commissioners on the part and behalf of this State, with full certain ydc 
and competent power to meet any two or more commissioners that may be appointed by imes of Wal. 
the State of North-Carolina, for the purpose of designating more plainly and clearly the ton county ' 
Ikes of the aforesaid county of Walton. 

ABRAHAM JACKSON, Speaker of the Rouse of Representatives* 

J A RED IRWIN, President of the Senatu 

Assented to, December 10 ? 1804. 

JOHN MILLED GE, GovebnoB.. 



AN ACT 

b afford aid to Ebenezer Jenckes, and to amend Jin Jlct, " entitled "Jin Jlct, to autho- 
rise Ebenezer Jenckes to establish a Toll on the JSTeiuhigton road, between Joshua 
Layer's in the county of Effingham, and the city of Savannah," 



(No. 144.) 



HERE AS the completing the repair of the road called the Newington road, will be Preamble, 
productive of great public utility ;— And whereas Ebenezer Jenckes hath in pursuance 
of the act above mentioned, made great progress in repairing the said road, hut hath by 
petition represented, that from various causes he is rendered unable to complete the same? 
and hath prayed the aid of the legislature :— And whereas, it is expedient to afford assis- 
tance to the said Ebenezer Jenckes for completing the repairs of the said road. 

Sec. 1. BE it therefore enacted, That the said Ebenezer Jenckes, shall as soon as con* 
veniently may be, after the passing of this act, enter into bond to the commissioners na= 
^ied in the acta foresaid* or to their successors in office, with two sufficient sureties,!?! the 



1&2 



LAWS OF GEORGIA, 



(No. 144.) sum of tea thousand dollars, conditioned to put the. said road in good order and repair, 
boutdSari accor(lin S lo thc aet aforesaid, within the term of two years from the date of the said 
his road ia bond, and to keep the same in repair, and he answerable for injuries or damages that 
may accrue or happen, by reason or means of the badness or want of repair of the said 



ar.d cornple- 

erms roa( ], (] ur i n g the term granted him by the said act ,• and in default of putting the said 



of the afore- 
said law in road into complete repair within the said two years, then the said bond shall become for- 
feited, and the said Ebenezer Jenckes shall also lose all claim to the benefits and advanta- 
ges allowed him by this, and the act aforesaid. 

Sec. 2. Jlnd be it further enacted, That so soon as the said Ebenezer Jenckes shall 
certain toll have entered into such bond, as aforesaid, the commissioners shall permit and suffer the 
ttd and^per" sa ^ Ebenezer Jenckes, his executors, administrators, or assigns, to erect and put up a 
nutted to c- toll g a t e , a R <] the said Ebenezer Jenckes shall, after erecting the said gate, be enti- 
tled to demand and receive the following toll until such time as he shall put the said 
road into complete repair as aforesaid. 



For every four wheeled pleasure carriage, - Eighty-seven and a half cents, 

For every two wheeled do. - - - Forty three and three quarter cents* 

For every waggon and team, ----- Twenty -five cents. 

For every cart and three horses, - - - - Eighteen and three quarter ceats, 

For every cart and two horses, ----- Twelve and an half cents. 

For every cart and one horse, ----- Six and a quarter cents. 

For every rolling hogshead of Tobacco, - - Twelve and a half cents. 

For every man and horse, ------ Six and a quarter cents* 

For all black cattle and horses, per head, - One cent. 



Shall have c- 
ther toll after 
it is comple- 
ted- 



Sec. 3. «.l«d be it further enacted, That whenever the said commissioners, or their 
successors, shall declare the said road is completely repaired, according to the first seetiou 
of the act aforesaid, it shall be lawful for the said Ebenezer Jenckes, his executors^ 
administrators or assigns, from thenceforth to demand and receive toll at the follow- 
ing rates. 



For every four wheeled pleasure carriage> - One dollar* 

For every two wheeled ditto - - Fifty cents. 

For every waggon and team, ----- - Forty-three and three quarter cents.. 

For every cart and three horses, - - - - Twenty-five cents. 

For every cart and two horses, Eighteen and three quarter cents. 

For every cart and one horse, ----- Twelve and an half eents. 

For every rolling hogshead of Tobacco, - - Eighteen and three quarter cents* 

For every man and horse, ------ Twelve and an half cents. 

For all black cattle and horses, per head, - One and an half cents* 



PASSED IN THE YEAR 1804. 493 



Sec. 4. And he it farther enacted, That such parts of the above mentioned act, as is (No. 14*.) 
tontrary hereto, he, and the same are hereby repealed.* 

ABRAHAM JACKSON, Speaker of the Home of Representatives, 
JARED IRWIN, President of the Senate. 
Assented to, December 10, 1804. 

JOHN MELLEDGE, Governor, 



ANACTf (No. i**.) 

To amend An Act, entitled « An Act to carry into effect the sixth section of the 
fourth article of the Constitution, touching the distribution of intestate estates, di- 
recting the manner of granting letters of Administration, letters Testamentary, and 
Marriage Licenses", passed the 23d day of December, 1789. 

Sec. 1. J^E it enacted by the Senate and House of Representatives of the State of 
Giorsm in General Assembly met, and it is hereby enacted by the authority of the same, 

, , i ii j ,, . ..j. . , The manner 

Th? '•■ when any person holding real or personal estate, shall depart this lite intestate, f distribut- 

the said estate, real and personal, shall be considered as altogether of the same nature, g"f a *"^ stateS 
and upon the same footing, so that in case of there being a widow and child, or children, 
they shall draw equal shares thereof, unless the widow shall prefer her dower, in which 
event, she shall have nothing further out of the real estate, tban such dower; but shall 
nevertheless receive a child's part or share out of the personal estate. And in case any 
of the children shall die before the intestate, their lineal descendants shall stand in their 
place and stead ; in case of there being a widow and no child, or children, or representa- 
tive of children, then the widow shall draw a moiety of the estate, and the other moiety 
shall go to the next of kin, in equal degree, and their representatives ; if no widow, the 
the whole shall go to the child, or children ', if neither widow, child or children, or 
legal representative of the children, the whole shall be distributed among the next of kin, 
in equal degree, and their representatives ; but no representation shall be admitted 
among collaterals, further than the child or children of the intestate's brothers and sist- 
ers. If the father or mother be alive, and a child dies intestate, and without issue, 



* See act. of 1808, No. 352, amendatory of this act. 

i See act of 1805, No. 198, altering and amending certain parts of this acfc 

A % 



iyi LAWS OF GEOIKiTA, 



(No, 14S.) such father or mother, in ease the father he dead, and not otherwise, shall come in on 
the same footing as a hrother or sister would do : Provided, That such mother after 
having intermarried, shall not be entitled to any part or proportion of the estate of a 
child who shall die intestate, and without issue, but the estate of such child shall go to, 
and be vested in the next of kin, on the side of the father : And provided also, That on 
the death of the last child intestate, and without issue, the mother shall take no part of 
his or her estate, but the same shall go to, and be vested in like manner in the next of 
kin on the father's side. And in case a person d ying without issue, leaving brothers or 
sisters, of the whole and half blood, then the brothers and sisters of the whole blood 
and the half blood in the paternal line only, shall inherit equally; but if there shall be 
no brother or sister, or issue of brother or sister of <he whole or half blood in the pater- 
nal line, then those of the half blood, and their issue in the maternal line shall inherit. 
The next of the kin shall be investigated by the following rules of consanguinity, viz : 
children shall be nearest parents, brothers and sisters shall be equal in respect to distri- 
bution, and cousins shall be next to them. 

ckiise PealinS? ^ EC * 2 * ^ n ^ ^ e ttf ur ti ier enacted, That so much of the above recited act, as is repug- 
nant to this act, shall be, and is hereby repealed. 

ABRAHAM JACKSON, Speaker of the House of Representatives, 

JARED IRWIN, President of the Senate. 

Assented to, December 12, 1804. 

JOHN MILLED GE, Goveenoe, 



(No. 146.) AN ACT 

To compel trespassers on the lands south of the Oconee, lately ceded by tlie Creek Indi- 
ans, to return within the settled limits of the State. 



Trespassers 



Sec 1 

1 ^ E it enacted by the Senate and House of Representatives of the State of 



the land Ge orgia, in General Assembly met, That from and after the passing of this act, it shall 
Ocon ° f t t | e ^ e *' ie ^ ut ^ °^ *" s Excellency ^e Governor to issue his proclamation, commanding all 
recalled. persons who have trespassed on the lands south of the Otonee, lately acquired by cession 

from the Creek Indians, to return forthwith within the jurisdictional, limits of the Stale, 

and forbidding all further trespasses. 






PASSED IN THE YEAR l««i. 196 



Sec. 2. And be it further enacted by the authority aforesaid. That in case of refusal (No. 146.) 
to obey the mandate of the said proclamation, it shall then become the dtsty of the In c . IS .. s of 
Governor to obtain accurate returns of all persons persisting so to refuse, and which refusal to be 
shall be authenticated under the hand of the commanding officers of the militia of the who they are. 
county which may border the district wherein such trespassers reside, and be made on 
the oath of two or more respectable men, employed from the county adjoining such dis- 
tricts for the purpose of obtaining them, who shall each be allowed the sum of twelve 
and an half cents for each so returned as aforesaid. 

Sec. 3. And be ii further enacted by the authority (foresaid, That such returns penalty for 
shall be made a file of in the office of the Executive, and shall operate completely to refuing- t« re- 
©xclude the parties so persisting to refuse, from all interest in the lottery contemplated, 
and forever bar the issuing any grant to either of them, for any part of the lands included 
in either cession : Provided always, That if any or either of the said trespasser or tres- 
passers shall deny the fact of their having so trespassed as aforesaid, they shall be enti„. 
tied to a trial by jury -as to the fact of such trespass, on filing such denial in the Execu- 
tive office within six months after such returns as soon as the counties in which such tres- 
pass or trespasses was committed, shall be organized : Provided, That the informer shall 
in all cases notify in writing, the person or persons so returned.* 

Sec. 4. And be it further enacted, That all persons from any other State who have 
trespassed as aforesaid, and who shall not abide by the proclamation directed by this act Foreigners 
to be issued by his Excellency the Governor, shall be considered as standing in defiance led "to return 
of the laws of this State, and his Excellency the Governor shall order out a military b 7 fercei 
force compelling such intruders to return. 

ABRAHAM JACKSON, Speaker of the House of Representatives* 

JARED IRWIN, President of the Senate, 

Assented to, December 12, 1804. 

JOHN MILLEDGE, Governok. 



See act of 1805, No. 193, jEepesiiixijj this section. 



VM 



LAWS OF GEORGIA, 



Preamble. 



(No. 147.) AN ACT 

For the relief of James Jackson. 

IIEREAS James Jackson at the sales of confiscated property at Savannah, in the 
month of August, one thousand seven hundred and eighty -five, purchased of the com- 
missioners thereof, two tracts of land, of five hundred acres each, situated, lying and 
being in the county of Glynn, originally granted to, and belonging to George Kineaid, 
a person named in the act of confiscation ; and it appears by sufficient documents that 
only one five hundred acre tract was granted the said George Kineaid, in the said county 5 
but that there is a tract of five hundred and fifty acres, part of a tract of eleven hundred 
and fifty acres granted the said George, under a Carolina grant, dated the seventeenth 
day of June, one thousand seven hundred and sixty-three, bounded northwestwardly on 
land surveyed for Susannah Bee, to the northeastward on land surveyed for Captain John 
North, to the southwestward by land surveyed for William Main, and part for Paul Per- 
cher, and to the southeastward on land surveyed by Cornelius Dupont, and part on 
vacant land; six hundred acres of which Mere conveyed by deeds of lease and release by 
the said George, dated the twelfth and thirteenth days of May, on t thousand seven hun- 
dred and sixty seven, to one Daniel Blake, as appears of record in tiie Secretary's office, 
leaving the said surplus of five hundred and Mty acres, still the property of the said 
George, and liable to confiscation and sale ■■; and which tract it is reasonable to conclude 
the said commissioners intended to sell j and as the said James Jackson has paid taxes 
for two five hundred acre tracts, ever since the time of purchase ; — 

BE it enacted hy the Senate and House of Representatives of the State of Georgia in 
General Assembly met, That the said tract of five hundred and fifty acres, part of the 
said Carolina grant to George Kineaid, containing eleven hundred and fifty acres, be* 
and is hereby confirmed and vested, absolutely and amply in the said James Jackson., 
his heirs, and assigns forever, as fully to all intents and purposes, as if the said five hun- 
dred and fifty acres had been included in the titles of the commissioners of confiscated 
estates to him, dated the twenty-sixth day of August, in the year of our Lord, one thou- 
sand seven hundred and eighty-five : — Provided, That should any other five hundred acre 
tract, the property of the said George, liable to confiscation, be hereafter found, that 
the said James, his heirs and assigns, shall be, and hereby are precluded from any claim 
to the same, or any part thereof: — And provided also, That the said traet of five hun- 
dred and fifty acres of land, shall not have been conveyed by the said George Kineaid; 
before the passing the said act of confiscation. 

ABRAHAM JACKSON, Speaker of the House of Representatives, 

JARED IRWIN,- President of She Senate. 
Assented to, December 12, 1904.. 

JOHN MILLEDGE, Govebxok. 



James Jack- 
son confirmed 
in a tract of 
land purchas- 
ed at the sales 
of confiscated 
property be- 
longing- to 
Geo. Kineaid. 



PASSED IN THE YEAH ISO A. *S7 



AN ACT (No. 148.) 

To cede to the United States, jurisdiction over four acres of land, on the southern extrem- 
ity of St. Simon's island, and sice acres of land, on the southern extremity of 
Cumberland island, for the purpose of erecting light houses. 

Sec. 1. BE it enacted by the Senate and Mouse of Representatives of the State of 
Georgia, in General Assembly met, That from and Immediately after the passing of this Jurisdiction 

of* lands ceded. 

act, the jurisdiction to and over four acres of land, in the southern extremity of St. Si- to the u. s. in 
mon's island, in the county of Glynn, ceded to the United States, for the purpose of to ^ct T^' 
erecting a lighthouse, in and for the port of Brunswick, be and the same is iiereby vest- light house. 
cd in the said United States of America : Provided, that the said United States shall 
erect a light house on the same. 

Sec. 2. And be it further enacted, That jurisdiction to and over six acres of land, on in Camden 
the southern extremity of Cumberland island, in the county of Camden, ceded to the 
United States, for the purpose of erecting a light house in and for the port of St. Mary's, 
be and the same is hereby vested in the United States : Provided,. That the said United 
States shall erect a light house on the same. 



purpose. 



ABRAHAM JACKSON, Speaker of the House of Representatives. 
JARED IRWIN, President of the Senate^ 
Assented to, December 10, 180*. 

JOHN MULLED GE, Govebnoh. 



AN ACT (No. 149.) 

To amend an act, entitled "An Act to make permanent the road on the north side of Great 
Ogechee river, from the place where it leaves the road leading from Louisville to Savan- 
nah, to the toll bridge over Ogechee*" passed the ±0th December, 1803. 



1 ^ E it therefore enacted by the Senate and House of Representatives of the Stale of Commission- 
Georgia, in General Assembly met, and by the authority of the same, That the following erSapF ° J 
persons be, and they are hereby appointed commissioners for that part of the aforesaid 
road, leading through the county of Effingham, viz : Joshua Loper, Curtis Loper, and John 



IPS LAWS OF GEORGIA, 



(Ko. 149.) Powers ; and for thai part leading through the county of Chatham, John "Wool I". "Willi 
am Bridges and Richard Sanderlin, 

Who iisbie ^ Ec « 2 « «^ m * be it further, enacted by the authority aforesaid, That all the white 
to work on males, and slaves liable to work on the public road, within three miles of the said road, 
from Joshua Loper's to the place where it intersects the main public road, leading from 
Savannah to Gunn's bridge, on Ogechee, shall be liable to work on said road, under such 
regulations and restrictions as the road law in force in the above mentioned counties shalL 
require. 

6th section Sec 3. Jlnd be it further enacted by the authority aforesaid, That the fifth section of; 
peSei aCt 1C ^ ie before recited act, shall be* and the same is hereby repealed. 

ABRAHAM JACKSON? Speaker of the House of Representatives. 
JARED IRWIN, President of th* Senate- , 
Assented to, December 12, 1804. 

JOHN MILLEDGE, Governor, 



(No. ISO.) 



AN ACT 
To authorize Henry West to erect a mill on Little river* 



BE it enacted by the Senate and House of Representatives of the State of 

Henry West Georgia, in General Assembly met, and by the authority of the same, That it shall 

TO^Sleriw De lawful for Henry West, of Lincoln county, to erect a mill on Little river, at his 

mill seat, above Gorley/s bridge on said river: Provided nevertheless 9 that the same does 

not interfere with the right of any other person. 

ABRAHAM JACKSON, Speaker of the House «f Bepre-sentatveesr 

JAREB IRWIN, President of the Senate, 

Assented to, December 12, 1804. 

JOHN MILLED GE, Governor. 



PASSED IN THE YEAR 1S04. X& 



AN ACT (No. 1BL) 

To vest certain powers in the justices of the inferior court of Franklin county. 

BE it enacted by the Senate and House of Representatives of the A , J ? s }' c ? 9 otJ 

** " tne lnieno? 

State of Georgia, in General Assembly met, and it is hereby enacted by the authority of court of 

the same, That the justices of the inferior eourt of the county of Franklin, are hereby countyantlm- 

fully authorized to purchase any bridge or bridges in said county, that have been erected "^tebi id% 

hv nrivate individuals over anv water course that they niay deem necessary to establish es in said 

' 1 ", ,.', I,, , j. county. 

fts public bridges, any law to the contrary notwithstanding. 

ABRAHAM JACKSON, Seaker of the House of Representatives. 

JARED IRWIN, Tresidenhof tlie Senate. 
Assented to, December 12, 1804. 

JOHN MILLEDGE, Governor. 



AN ACT ( No - 153 ') 

To alter and amend an act, entitled, " An Act to revise, amend and consolidate the sev- 
eral militia laws of this State, and to adapt the same to the Act of the Congress of 
the United States," passed at Louisville, on Hie tenth day of December, eighteen hun- 
dred and three, 



Sec.1. J^Eitetiaeted&i/ the Senate and House of Representatives of the State of Georgia^in 
General Assembly met, audit is hereby enacted, That so much of the above mentioned act, as courts of en- 
invests battalion courts of enquiry, with power and authority to try and impose fines on company 5 de- 
delinquents and defaulters, at company musters, be, and the same is hereby repealed:— fau l te j\ re " 

LlSP.lC&j •£ COIT1 

and in lieu thereof, the commissioned or breveted officers belonging to each respective pany courts of 
company of militia within this State, or a majority of them, be, and they are hereby ported in 
vested with full power and authority to hear and determine in all cases of delinquency ligu, an* the 
or default, which may in future happen at said company musters j and impose such fines ting*. 
for delinquency or default, as is directed and prescribed by the said act j which fines 
when so imposed, shall be levied and collected by warrant, under the hands and seals of 
the officers present at the said company eourt of enquiry, or a majority of them, and di- 




2&9 LAWS OF GEORGIA. 



(No. 152.) reeled to a sergeant of such company, whose duty it shall be to collect, the same, in the same 
way and manner as is directed by the aforesaid act, where constables are required to levy 
and collect iines; and where fines are collected by the sergeants under this act, they arc 
hereby required to pay over the same into the hands of the pay-master of the regiment, 
to which they respectively belong, ', and also make a return of the warrant to the captain 
or commanding officer of the company, within thirty days after receiving the same, and 
shall be entitled to receive as a compensation for said service, the same fees as is allowed 
hy said act, to constables for performing the like duty. And the said company courts 
of enquiry, shall be hold at the usual muster ground in each captain's district, within 
fifteen days after each and every muster of such company ; and the delinquents 
and defaulters shall in all cases be notified thereof, by a sergeant of such company, 
at least five days previous to the meeting of such court. And it shall be the duty of 
the captain or commanding officer of each respective company, annually, to lay a fair 
and correct return or statement in writing, of all proceedings had in the said eompany 
courts of enquiry, during the year prior to making such return, before the battalion 
court of enquiry, to which such company belongs, and incase of such refusal or neglect, 
the said captain or commanding officer of such company, shall be fined at the discretion 
©f the said battalion court of enquiry, in a sum not exceeding twenty dollars. 

ABRAHAM JACKSON, Speaker of the House of Representatives . 

JARED IRWIN, President of the Senate. 

Assented to, December 12, 180*. 

JOHN MILLED GE, Governor. 



(No. 153.) 

AN ACT 

To seenre to John Ileal, for the term of ten years, the sole and exclusive right of running 
a line of Stage Carriages, between tlie city of Augusta, and the town of Washington in 
Wilkes county, and the town of Petersburg in Elbert county ; and to secure io James 
Gaffney and Lewis Calffrey, their heirs and assigns, the sole and exclusive right of run- 
ning a tine of Stage Carriages, between the cities of Savannah and Augusta, for the 
John Beal term of iive years. 

allowed ex- J '' J 

clusively to ~H~1& 

st^es H be e -° f SBC * fi JOE it enacted by the Senate and Mouse of Representatives of the State of 
^wcen Aups- @ e0r gia in General Assembly met, and by the authority of the same, That John Beal, 

ton and Pe- his heirs and assigns, shall have the sole and exclusive right of running a line of Stage 

tersburgh. 






PASSED IN THE YEAR ISO*. 30? 



Carriages for tlio conveyance of passengers and their baggage, between the city of (?«?. 133.) 
Augusta and the town of Washington in Wilkes county, and the town oi Pctcrs- 
J&irg in Elbcvt county, for the term of ten years, to commence the first day of March, 
which will be in the year of our LorJ, one thousand eight hundred and five. 

Sec. 2. And belt further enacted, That if any person -or persons shall within the said 
term, presume : 'to run any stage carriage or eapria^ef in any manner, for fare or hire, und ^j£2 
between the places aforesaid, without the consent or concurrence, of the said John Eeal, pains to run. a 
under his hand and seal first obtained, every such person or persons- so offending, shaH g a id places. ^ 
forfeit and pay to the said John Seal, his heirs and assigns, double the amount of the 
sum demanded op received by the said person or .perooni ; i the carriage or conveyance 
of an s / Pi n or persons to or from any parlor pla^e y : in I he limits of the said city 
of Augusta, and town of Washington, and the town gf jj • in Elbert eounty, com. 

prehendiug all the different Fouts- between the saia( ^-d by the said John 

Beal or his legal representatives, by action - Irate or court hav- 

ing cognizance thereof -.—Vrovbleii net t - - di within (he 

term of six months, from the passsh| the -run- proviso.' 

nang of the said, line of stage earr] $ ind onduuejih ••-;;;•. . . . ■■. ..■ week 

between the peaces; and to the end of the time or term aforesaid, I\ qyidedi 
said John. Beal do give bond of three thousand dollars, with good and sufficient security, „ "V.- 
to' his Excellency the Governor. for the running of stages for the aforesaid term. 

A>rB whereas the exclusive right to run a line of stage carriages for (he conveyance ■ 
of passengers and their baggage, between the city of Savannah and city of Augusta, 
was by law vested in Nathaniel Twining, Thomas Davis and Joseph Grant, for the term 
of ten years, which term wiil expire on the first &%y of October, one thousand eight 
hundred and six, and which exclusive right, hath been transferred to James Gaifney and '■ 
Lewis Calfirey,- the present proprietors of the same ; who have petitioned- the present - 
legislature for the exclusive right of running tine said line of stage carriages, between 
the aforesaid cities of Savannah and Augusta, to be extended to them for the further term 
of five years \ to commence from Vug first day of October, one thousand eight hundred^ 
and six. . 

Sec. 3. Be it there-fore enacted hy the a2iiliorIfy_ aforesaid. That the said James Gaff- 

The Sciinc 

ney and Lewis Calif rey, their heirs and assigns, shall have the sole and exclusive right right given to 

of running a line of stage carriages, for the conveyance of passengers and ther baggage, caiffrey be- 

between the city of -Savannah and the city of Augusta, for the term of five years : to com- tw !: c " Au S" ,;s " 
mence on the first day of October one thousand eight hundred and six. 

Sec. &. And le it enacted, That if any person or persons shall within the said term* 
presume to run any stage carriage or carriages in any manner, for fare or hire, between 



W2 LAWS OF GEORGIA,, 



(No, 153.) the places aforesaid, without the consent or concurrence of the said James Gaffney and 
All persons I^wls Calffrey, under their hands and seals first obtained, every such person or persons 
so offending, shall forfeit and pay to the said James Gaffney and Lewis Calffrey, their 



said right. 



U!;acr certain 
pains forbid 

infringing- heirs and assigns, double the amount of the sum demanded or received by the said person 
or persons, for the carriage or conveyance of any person or persons, to or from 
any part or place within the limits of the said city of Savannah and city of Au- 
gusta, comprehending all the different routs between the same, to be recovered 
by the said James Gaffney and Lewis Calffrey, or their legal representatives, by 
action of debt before any magistrate or court having cognizance thereof: — Provided, 
that the said James Gaffney and Lewis Calffrey do give bond in the sum of two thousand 
five hundred dollars, with good and sufficient security, to his excellency the governor, 
for the running of stages for the aforesaid term. 

ABRAHAM. JACKSON, Speaker of the House of Representatives, 

JARED IRWIN, President of the Semite, 

Assented to, December 12, 1804.. 

JOHN MILLED GE, Governor. 



(No. 15-i.y AN ACT; 

To divorce Martha Dickson and Mien Dickson, her husband? William Guirey and Mar- 
tha G. Guirey, his wife; Humphrey Tomlnns and Susannah Tomkins, his wife ; Bar- 
bara Goodwin and Daniel Goodwin, her husband; William Simmons and Fanny Sim- 
mons, his tvife; William Hobgood and Milly Hobgood, his wife; William Patrick and 
Jemima Patrick, his wife, and Murk Smalltvood and Mary Smallwood, his wife. 

Brsamblc. * * HERE AS the parties in the above recited cases have had a trial in the superior 

court, and verdicts hath been obtained authorizing divorces.. 



Martha Dick- 



Sec. 1. BE it enacted by the Senate and House of Representatives of the State of Geor- 
son and her gia, in General Jlssembly met, That from and after the passing of this act, tine matrionial 
YcreecL connexion of marriage between the said Martha Dickson, formerly Martha Burn well, 

and Allen Dickson, her husband, shall be, and is hereby declared completely annulled 
to all intents and purposes, as if no such contract had ever heretofore been made or. en- 
tered into between them. 



PASSED -IN THE YEAH 1804* 20S 



Sec. 2. *l?ul &<? it further enacted, That tiie said Martha Dickson is hereby declared (Mo. 15^.) 
a feme sole, and shall not in future be allowed, ga an} 1 pretence whatever, to charge the ^ t n-cla: 

said Allen Dickson, his heirs executors or administrators, or his or. thejr estates, .vr\W ^ nJ** Q £> 

any debts or dues of her contracting, or with actions, or for damages, for or on account of Aarge tea 

any tort, trespass, or damages whatever, which shall be hereafter committed or done by biKny^sMSi- 
the said Martha Dickson ; nor shall she be entitled to dower, of, in or cat of the estate 
of 'the said Allen Dickson, but shall be considered as barred of tlmi right. 

Sec. 3. And be it further enacted, That the said Martha Dickson, and Allen Rick- 'freckled 
son in future, shall be deemed and considered as distinct and separate persons, altogether SO r :s . 
unconnected by any mystical union or civil contract heretofore entered into between them* 

Sec. *. And be, it further enacted, That from and after the passing of this act, the Wvn Gtiu& 
matrimonial contract made and entered into between Ihe sfi id YvlIKam Gnirey and Mar- JJ^Jj vlt; * 
tha G. Guirey, formerly Martha G. Marks, his wife, shall be, and is hereby declared to be 
null and void, to all intents and purposes, as fully and entirely as if no such contract 
had been entered into between them. 

Sec. 5. And he it further enacted, That from and after the passing of this act, the 
matrimonial contract made and entered into between the said Humphrey Tomkins and Humphrey 
Susannah Tomkins, late Susannah Bridges, his wile, shall be, and is hereby declared to 2sS2« 8 Uld 
be null and void, to all intents and purposes, as fully and entirely as if no such contract 
had been entered into between them. 

Sec. 6. And he it further enacted, That from and after the passing of "this act, the 
matrimonial contract made and entered into between the said Barbara Goodwin, for- Goodwin &$ 
merry Barbara West, and Daniel Goodwin, her husband, shall be, and is hereby declar- aei M^aad. 
cd to be null and void, as fully and entirely as if no such contract had been entered into 
between them. 

See. 7. And be it further enacted, That from and after the passing of this act, the Wm:Su»*uaui 
matrimonial contract made and entered into between the said William Simmons and Fan- 
ny Simmons, formerly Fanny Morris, his wife, shall be null and void, as fully and en- 
tirely as if no such contract had been entered into between them. 

Sec. 8. And be it furtlier enacted, That from and after the passing of this act, the 
matrimonial contract made and entered into between the said William Hobgood and Milly Wm. iioh- 
Hobgood, formerly Milly Moore, his wife, shall be null and void, as fully and completely f ™v!iie MiUy 
as if no such contract had been entered into between them. 

Sec. 9. And be it furtlier enacted, That the matrimonial contract made and entered „. „ . \ "'■; 

" \V m. Patrick 

anto between the said William Patrick and Jemima Patrick, formerly Jemima Arm.- and h» wife. 



so* IAWS OF GEORGIA, 



(No. 15.4.) strong, his wife, shall be null and yoidj as fully and completely as if no such contract 
had been entered into between them. 

Mark Small- ^ BC * *°° Jlnd be it further enacted, That from and after the passing of this act, the 
-ood and his matrimonial contract made and entered into between the said Mark Smalhvood, and Ma- 
ry Smallwood, his wife, shall, and is hereby declared to be nidi and void, to ail intents* 
and purposes, as fully and entirely, as if, no such contract had been entered into between 
iheni. 

.ABRAHAM JACKSON, Spiaker of the House of Representatives* 
JARED IRWIN, President of the Smate* 



wae. 



Assented lo, December 12, 1S0*, 

JOHN MILLEBGE, Goybrwo*. 



r No. 155.) 



Preamble. 



AN ACT 
To Pardon William Smith,, 

y y HERE swuerJoi" court held in and for the county of Mcintosh, fop 

jNovemb tford one thousand eight hundred and fbur> a 'certaMi 

William -i murder, and received sentence of death, to 

lav of November instant, in the said year of our Lord 
one thousand eighi jn the petition of sundry persons, inhabitants 

of the county a: .,.. .. ■ " ■ i-ifaers, to the Senate and House of Representa- 

tives, now in session, SiippKeatiirg . -'or the said William Smith. 

BE it therefore enacted by the Senate and House of Mepresentatives of the State of 
-pardoned" 1 Georgia, in General Assembly met, and by the authority of the same, That from and im- 
mediately after the passing of this act, the said William Smith, be, and he is hereby de- 
clared to be freely, fully and entirely pardoned, exonerated and discharged from the 
pains and penalties of his said conviction, as freely, fully and entirely, as if such offence 
had not been done or committed by him. 

ABRAHAM JACKSON, Speaker of the House of Representatives* 
JARED IRWIN, President of the Senate, 

Assented to, December 12, 1804b. 

JOHN MHLLEDGE, Governor, 



PASSED IN THE YEAR 1804, 205 



MS xVCT (No. 156.) 

To amend an act, entitled, " Jin Act to authorize certain persons therein mentioned, to 
sell or otherwise dispose of certain l&nd appertaining to the people called (^jiakers. 



_0 E it enacted by the Senate and House of Rcpresentatatives of the State of Geor- 
gia, in General Assembly met, and bv the authority of the same, That from and idler the Quakers, may 
* * * ;° ' . appoint true- 
Bussing 01 this act, it shall and may be lawful for the aforesaid people, who are quail- t«es. 

fied to vote for members of the legislature, to vote for three fit and discreet persons of 
their own body, as trustees, in such manner and at such time and place as a majority of 
the said voters may think proper, who shall continue in ofiice for the term of one year, 
and shall be nested with all the powers as was vested in the trustees appointed under 
said act. 

Sec. 2. And be it further enacted, That any thing contained in the before recited act, 

militating against this act, shall be, and the same is hereby repealed. Repealing 

clause. 

ABRAHAM JACKSON, Speaker of the House of Representatives, 
JAJRED IRWIN, President of tlie Senate, 
Assented to, December 12, 180*. 

JOHN MILLEDGE, Governor, 



AN ACT 
To Incorporate the Georgia Medical Society, 



(No. 157.) 



Preamble, 
and trustees 



ff HERE AS Noble Wimberly Jones, President— John Irvine, Vice-Prcsidetit—John 
Grimes, Secretary— Lemuel Kollock, Treasurer — John Cumming, James Ewell, Moses 
Sheftall, Joshua E. White, William Parker, Thomas Schley* George Jones, George 
Vinson Proctor, Henry Bourquin, Thomas Young, jun. Peter Ward, William Cocke, namecL 
James Glenn, and Nicholas S. Bayard, have by their petition represented, that they 
have associated in the city of Savannah, unde» the style and name of The Georgia Medi- 
cal Society, for the purpose of lessening the faiality induced by climate and incidental 
«auses> and improving the science of medicine.— And in order to ensure and establish 



2Gtf 



LAWS OF GEORGIA, 



(No, ir»7,) their said institution in a permanent and tiTecttsa^ manner, so that the benevolent and de- 
sirable objects thereof, may be executed with success and advantage, have prayed the 
legislature to grant them an act of incorporation-, 



i rustees i 
!c6rporated 
their style 
allowed to 
inrafce bye- 
laws. 



Proviso. 



The if priv- 
ileges & pow- 

•ers. 



Sec. 1. BE it enacted by the Senate and House of Representatives of the State of 
Georgia in General Assembly met, and by the authority of the same, it is hereby enactcd> 
That the several persons herein before named, and others who are, or may become mem- 
bers of the said society respectively, the officers and members thereof, and their succes- 
sors, shall be, and they are hereby declared to be a body corporate, in name and deed, by 
the style and denomination of <•< The Georgia Medical Society j" and by the said name 
and style, shall have perpetual succession of officers and members, and a common seal 
to use ; and shall have power and authority to make, alter, amend and change such bye- 
laws as may be agreed on by the members of the same: — Pi'ovided such bye-laws- b« 
aot repugnant to the laws or the constitution of this State or the United States. 

Sec. 2. And be it further enacted, That they shall have full power and authority 
under the style and name of the Georgia Medical Society, to sue for in the name of their 
President and Viee-President, for the time being, and recover all such sum or sums of 
money, as now are, or hereafter may become due the said society, by any name or style 
whatever, in any court of law, or at any tribunal haying jurisdiction thereof; and the 
rights and privileges of the said society in any court, or at any tribunal whatever, to defend 
and also to receive, take and apply such bequests or donations as may be made, to, and 
for the uses and purposes intended by the said socie ty ; and shall be, and are hereby de- 
clared to he vested with all the powers and advantages, privileges and immunities of an 
association or society of people incorporated, for i Ue purposes and intentions of their 
said association, 



Sec. 3. And be it further enacted, That this act shall he, and is hereby declared to be 

dared a publ deemed and considered a public act, to all intents and purposes whatever. 

Jis act, 

ABRAHAM JACKSON, Speaker of the House of Representative** 
JARED IRWIN, Pmidmt of the Semk. 
Assented to, December 12, ±80*, 

JOHN MILkEDGE, GoYBiwoiR, 



PASSED IN THE YEAR' 1803. 



S&7 



AN ACT* . (No. 158,) 

To give further time to the commissioners of the town of Louisville, io assess the value 
and dispose of the Alleys and several parts of Streets of the said town, as pointed out 
by an act passed the tenth day of December, one thousand eight hundred and three. 

E it enacted by the Senate and House of Representatives of the State of Georgia in ^ ^"J^m". 
General Assembly met, That the time given the commissioners of the town of Louisville, ing and sell- 
to assess the value and dispose of the Alleys and several parts of Streets of the said town, and streets in 
by an act passed the tenth day of December, one thousand eight hundred and three, be? Louisville. 
and the same is hereby extended until the first day of October, one thousand eight hun- 
dred and five. 

ABRAHAM JACKSON, Speaker of the House of Representatives* 
JARED IRWIN, President of the Senate, 

Assented to, December 12, 1804. 

JOHN MILLED GE, Governor. 



AN ACT 

To regulate &ales made by Executors or Administrators. 

BE it enacted by the Senate and House of Representatives of the Stale of Georgia ill 
General Assembly met, and it is hereby enacted, That immediately from and after the pas- 
sing of this act, no sale made by executors or administrators, shall commence before the 
hour of ten o'clock in the forenoon, or be continued after the hour of four o'cloek in the 
afternoon, nor shall any such sale be continued from day to day, unless the advertisement 
shall be so expressed, and the same be publicly made known by the hour of four o'clock 
in the afternoon of the day on which the said sale shall commence. 

ABRAHAM JACKSON, Speaker of the House of Representatives, 



(No. 159.) 



Executors & 
Administra- 
tors 6ales to 
be between 
the hours of 
10 and 4 o'- 
clock and if 
from day to 
day so to b& 
advertised. 



JARED IRWIN President of the SrnaU, 



Assented to, December 12, 1804; 

JOHN MILLEDGE, Governor. 



Town commons to be kid off in lots and sold for the benefit of the academy, see act of 1808, No. 385. 



JOS LAWS OF GEORGIA, 



SO.) AN ACT* 

i To require the Clerks of the Superior and Inferior Courts: of 'the county of Scrhen, te 
keep their ojjices at or near the Court-House of the said county. 

-r 
I 



Preamble. ^ f HEREAS the inhabitants of the county of Striven sustain great inconvenience from 

the distance of the offices of the clerks of the Superior and Inferior eourts frcm the 

court-house -of the said county. 

•uierkacfthe g EC# f t 5333 n enacted hi the Senate and House of Representatives of the State of 

Superior and J ■*'- J J 

inferior com- is Georgia, in General Jlssemblij met, That withks six months after the passing of this act* 
countv to it shall fee the duty of the clerk of the Superior court and the elerk of the Inferior court 
f!*s ^eir of- £ k ee p their offices of the county aforesaid, at or within three miles of the said" 

within three COUrt-house. 

miles of the 

eourt house. 

Sec. 2. Jlnd be it further enacted, That if the said clerk of the superior court or 
clerk of the inferior court, shall neglect or refuse to remove his or their said office, 
within the time prescribed by this act, that he or they shall forfeit and pay for every 
month in which he or they shall so neglect or refuse, the sum of twenty-five dollars, to 
be recovered by action of debt, in any court having cognizance thereof, one half where- 
of to any person who shall sue for the same, and the other half to the use of the said county >. 

ABRAHAM JACKSON, Speaker of the House of Representatives, 

JABED IRWIN, President of the Senate. 

Assented to, December 12, 1804, 

JOHN MILLEDGE, Governor, 



* This act repealed by act of 1309, No. 428. 



PASSED IN THE YEAR 180*. 



209 



AN ACT 



(No. 161.) 



To make the town of Milledgeville, the permanent seat of Government of this State, and 
dispose of a certain number of lots therein. 



HERE AS the commissioners appointed in and by an act of the General Assembly 
of this State, passed the eleventh day of May, eighteen hundred and three, have fixed 
upon the site and laid off the town of MilledgeviUe, pursuant to the provisions of the said 
aet : And whereas the legislature do agree to and approve of the said site, it is expedi- 
ent that a part of the lots of the said town should be sold, to raise a fund for erecting of 
a State-House and other public buildings. 



Preamble. 



" Sec. 1. BE it therefore enacted by tlie Senate and House of Representatives of the State 
of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, 
That Howell Cobb, John Rutherford, Littleberry Bostwiek, Archibald M. Devereaux 
George M. Troup, John Harbert and Oliver Porter, be appointed commissioners, and 
they or a majority of them, are hereby vested with full power and authority, after giving 
sixty days notice in two or more gazettes of this State, to sell and dispose of any number of 
lots in the said town of MilledgeviUe, not exceeding twenty lots of one acre each, and 
convey the same in fee simple, taking bond and approved security, together with a mort- 
gage on such lot or lots of the purchaser, payable to the said commissioners and their 
successors in office in the following manner, viz. one third at the end of twelve months 
from and after the said sale ; one third at the end of twelve months next thereafter ; and 
the remainder at the end of six months thereafter j which said several instalments shall 
hear an interest of eight per cent, and the money arising from said sale shall be, and is 
hereby appropriated to defray the expenses of erecting a Slate-House in the siad town,, 
for the accommodation of the General Assembly of this State. 

Sec. 2. And be it further enacted, That the said commissioners at the sale aforesaid, 
shall not sell more than two lots in any one square, nor shall any one person be allowed 
to purchase by himself, or other for his use more than two of the said lots. 

Sec. 3. And be it further enacted, That every purchaser shall within two years after 
such purchase, build upon and improve said lot or lots, to the value of one hundred dol- 
lars each, or the lot or lots together with the instalments which he may have paid, shall 
be forfeited to the State.* • 

Sec. 4. And be it further enacted, That the said commissioners are hereby authorized 
and required, to report a plan of the State-House to the next legislature, together with 
an estimate of the expense of building the same, including all necessary materials. 

* See act of 1805, No. 2,Q2 4 on this subject, supplemencsyry to this act- 

C 2," 



Lots in the 
town of Mil- 
ledge vi lie, to 
be sold. & the 
ierms, who 
appointedcom 
missioners t© 
sell them. 



But two lots 
in a square to 
be sold & no 
person allew- 
ed to buy 
more than 
two. 

Purchasers 
within two 
years to im- 
prove s„id 
lois to the va- 
lue of 100 dol- 
lars or forfeit 
the same. 

A plan of the 

State- ho 'i'" 
to be made 
out and re- 
port? ! :■-■ ■■h^ 
neSrt legisla- 
ture. 



m- 



:!»■ 



EAWS OF GEORGIA, 



- 



(No. 101.) Sjhc. 5. .ind be it further enacted, That the said commissioners before they enter upon 
the duties of their appointments, shall give bond and approved security to his Exeellency 
the Governor and his successors in office, in the sum of two thousand dollars each for 
the faithful performance of their duty ; and each and every of the said commissioners 
shall receive while in actual service, a sum not exceeding three dollars per day ; and it 
shall be the duty of the said commissioners, yearly and every year to make a full and 
accurate statemeut of their proceedings to the legislature of this State. 



Commission- 
ers to give 
bend and se- 
curity, and to 
have ;.s a com- 
pensation, 3 
eioilarsperdar. 



The Governor 
after being no 
tified of the 
completion of 
theStatehouse 
shall causethe 
publicrecords 
to be removed 
thereto. 



Sec. 6. And be it further enacted by the authority aforesaid. That his Excellency 
the Governor within thirty days after he shall be officially notified by the said commissi* 
oners, that the said State-House is completed, which notification the said commissioners 
are hereby required to make, shall signify the same by proclamation, and cause the 
records in the public offices, to be removed to the said town, and to defray the expenses 
of such removal out of the contingent fund. 



Milledgeviiie g EC# 7. ji n ^ oe ft further enacted, That the next meeting of the General Assembly* 

declared the J . . . 

permanent after the date of said proclamation, shall be at the said town of M illedgevilie, which is 
»cnt°, amUhe hereby declared to be the permanent seat of Government of this State.* 

next General 
Assembly to 

H«et thereat. ABRAHAM JACKSON, Speaker of the House of Representatives* 

JARED IRWIN, President of the Senate, 
Assented to, December 12, 1804. 

JOHN MILLEDGE, Goveknok. 



nt -, I ' ; > i i .t,.«.V 



00. 162.) 



•ommiSsion- 
ei'S appointed 
to fix on the 

permanentsite 
of die public 
buildings of 
Tattnall ceirn 

ty. 



AN ACT 






if 'o make permanent the site for the public buildings in the county of TattnaM, and to appoint 

commissioners for that purpose. 

Sec 1 Isti* 

* '33 E it enacted by the Senate and House of Representatives of the State of Georgia, in 

General Assembly met, That Nimrod Shadley^ Daniel Brinson, Shadreu Stanley, senr. 
Jesse Bird, senr. and Benjamin Shipling, be and they are hereby appointed commission- 
ers for fixing on the site of the court-house and jail in the county of Tattnall, and that 
they or a majority of them, shall within ninety days after the passing of this act, meet 

? See act of 1808, No. 386, extending the time until the 1st January 1818, upon certain conditions ©r provisions 



PASSED IN THE YEAR 1804, 211. 



at the present temporary court-house of said county, and fix upon the place for the per- (No. 162.) 
manent seat of the public buildings of said county, which shall be as near the centre of 
the county as shall be expedient. 

Sec. 2. And be it further enacted by the authority aforesaid, That the said comniis- ' 

sioners, or a majority of them, after having agreed upon the permanent site for the pub- town lots and 

contract iot* 

lie buildings of the county aforesaid, shall have fall power and authority to purchase ere eting the 
or -otherwise procure titles in fee simple, in trust, for the aforesaid eounty, not less P llblic b"*^' 
than six nor more than one hundred acres of land ; and after having made choice of so 
much of the said land, as may be thought necessary for the public buildings, to lay off in 
lots and dispose of the same, as in the judgment of the said commissioners, or a major- 
ity of them, shall think will be mast conducive to the interest of said county; and the 
said commissioners or a majority of them, are hereby authorized and requested to eon- 
tract for, and cause to be built, a eouri-liO'iseaiijd jail of such dimension, and on such 
plan, as they shall deem most convenient to answer the end proposed j of which said con- 
tract for erecting said buildings, the said commissioners, or a majority of them, shall 
give at least thirty days public nati«e thereof. 

Sec. S. And be it further enacted, That the justices of the Inferior court of said inferior court 

• ?<i ii ii ••i*i ii i to * ev y a tax 

eounty, shall be, and they are hereby authorized and empowered to levy a tax on the for the above 

inhabitants and taxable property of the same, which tax shall not exceed one fifth of P^P *"- 
their general tax ; and the monies arising therefrom, or so much thereof as will be suffi- 
cient to defray the expense of the public buildings, shall be paid into the hands of the 
tommissioners of the same, to be applied to, and for that express purpose. 

Sec. 4. * And be it further enacted, That the Superior and Inferior courts shall be held courts to Ik 



held at Cox's 
old mills un- 



in the two story house at Cox's old mills in the eounty aforesaid, until the aforesaid pub 

lie buildings shall be completed, and no longer. til the build 

ings are com 



ABRAHAM JACKSON, Speaker of the House of Representatives* 
JARED IRWIN, President of the Senate, 
Assented to, December 12, 1804. 

JOHN MILLEDGE, Governor 



pleted. 






,fc. 



212 



LAWS OF GEORGIA, 



(No. 163.) 



Commission- 
ers ©f the 
town of 
Greensbo- 
ro ug-h to 
make bye- 
lawSj &c. 



To have a 
corporate ca- 
pacity. 



Their style. 



AN ACT* 



For the better regulating of the town of Greenesborough, and for the appointment of 
commissioners of Hie county of Greene ; and Siloam Meeting -House in mid county, and 
to 'incorporate the same. 



Sec 1 

™ E it enacted by the Senate and House of Representatives of the State of Geor- 
gia, in General Assembly met, and by the authority of the same, That the Reverend James 
H. Ray, the present rector of the academy aforesaid, or the rector thereof for the 
time being, shall be the president of the board of commissioners, who, together with a 
majority of the said commissioners, shall have full power and authority to make all such 
ordinances, bye-laws, rules and regulations, which may be necessary for the better reg- 
ulation and government of the town of Greenesborough : — Provided the said ordinances 
bye-laws, rules or regulations are not inconsistent with, or contrary to the constitution, 
or constitutional laws of this State. 

Sec. 2. And be it further enacted, That the president and commissioners aforesaid, 
shall have a corporate capacity, and be known in courts of law and equity, as a body 
politic and incorporate, so far as to enable them to sue and be sued ; and to reeeive and 
acquire property both real and personal, either by gift grant or purchase, and to hold the 
same in perpetuity for the purposes and uses before mentioned, and that the style of the 
said commissioners shall be « The president and commissioners of the town of Greens- 
borough." 



Sec. 3. JLnd be %t further enacted, That so much of the before recited act as militates 
lause mS against this act, he and the same is hereby repealed. 

ABRAHAM JACKSON, Speaker of the House of Representatives. 

JARED IRWIN, President of the Senate. 

Assented to, December 12, 1804. 

JOHN MILLEDGE, Governor, 




* To extend the town of — and corporate jurisdiction thereof. See act of 1308, No- 384 



♦ 



m 



PASSED IN THE YEAR 1804. 313 



AN ACT (No. 164.) 

To authorise the Commissioners of the Aeademy of the town of Washington, to estab- 
lish a Lottery, for the purpose of raising two thousand dollars, towards finishing the 
said Academy, and purchasing a literary aparatus for the same. 



Sec. 1. JJJ E it macfet j ty t ] ie Senate and House of Representatives of the State of ]o J^ ttP JJ e a! ~ 
Georgia, in General Assembly met, and by the authority thereof, That it shall and may Washington 
be lawful for the commissioners hereinafter named, to establish a lottery within one my. 
year after the passing of this act,* to raise the sum of two thousand dollars, under such 
schemes and regulations as they or a majority of them may deem necessary and proper- 
to carry into effect the above recited object. 

Sec. 2. And be it further enacted, That Nicholas Long, Gilbert Hay, Joel Abbot, 

John Griffin, Felix Gilbert, Richard Worsham and William Prince, iunr. E squires, be Commission. 
7 " .. . ers named t» 

and they are hereby appointed commissioners to carry the aforesaid lottery into full effect. car ry it into 

effect, 

ABRAHAM JACKSON, Speaker of the House of Representatives. 

JARED IRWIN, President of the Senate. 
Assented to, December 12, 1804, 

JOHN MILLEDGE. Governor, 



AN ACT 

To alter and amend an act, jntitled, •'« An Act for the belter regulating of the town 

of Sunbury.." 



(No. 165.) 



HERFAS the above recited act, passed the eighth day of December, one 
thousand sev&n hundred and ninety one, is found to be deficient in part, and does not 
answer all the purposes thereby intended : 



Preamble 



Sec. 1. BE {i therefore enacted by the Senate and House of Representatives of tlie 
State of Georgia, in General Assembly met, and by the authority of the same, That eiecSofthl 
from and after the passing of this act, the election of commissioners for the said town of comu } lis }™- 

.,j^_ ._ ers oi said 

* Time extended until the first day of October 1807, by act of 1805, No, 199. 



town. 



#> Jlfe. 






7* «* 

LAWS OF GEORGIA,. 



(No. 165') Sunbury, sball be held annually on the first Monday in August at the academy in the 
said town ; and all male white citizens of the age of twenty one years and upwards, who 
may be owners or occupiers of a house or lot in the said town, shall, and are hereby en- 
titled to a vote for commissioners : Provided, That no person or persons shall bs capable 
of serving as a commissioner or commissioners of the said town of Sunbury, who is or are 
not citizens of the United States, and possessed in his or their own right in fee simple of 
a lot, and reside in the said town at least tSiree months in each year. 

Vacancies Sec. 2. And be itfurtlier enacted by the authority aforesaid. That all vacancies which 

e™ t0 be fiI1 " ma y happen, by death, resignation or otherwise, id tho said board of commissioners, 

shall be filled by election of all those entitled to vote as aforesaid, and a majority of the 

said commissioners are hereby authorized and required to order the same, and appoint 

the time, giving at least thirty days notice thereof. 

Sec. 4. And be it further enacted, That the- said commissioners for the time being, 

Shall be jus- shall be ex-officio justices of the peace within the limits of the said town, and hamlets 

peace °ex-offi- °^ Sunbury ; and that all laws and parts of laws heretofore passed respecting the said 

town of Sunbury, which are repugnant to this act, be, and the same is and are hereby 

repealed,* 

ABRAHAM JACKSON, Speaker of the House of Representatives, 

JAUED IRWIN, President of the Senate. 
Assented to, December 12, 1804. 

JOHN MILLED GE, Governor. 



Cl* 



AN ACT 
ffo. 166.) 

To establish the fees of the Harbor Master and Health Officer of the ports of 

Savannah and St. Mary. 

Sec. 1. J-J E it mac i ea \ iy tf lt Senate and House of Representatives of the State of 

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, 

health officer That the harbor master and health officer of the ports of Savannah and St. Mary, for 

maBter^iMSft- tne tJme * ein S> ^e aud tne ^ are neieb y authorized, each and every of them severally, 

vannah & St. ^ ] iavej demand and receive, of and from all foreign vessels which shall arrive at the 

ports of Savannah and St. Mary, from and after the passing of this act, four cents per 

See net of 1805, No. 178, amendatory of this act. 



PASSED IN THE YEAR ISO*. 21* 



ton, and on all American vessels two eents per ton, which shall be in full of all fees, (No. 166.) 
dues or demands whatsoever, for the services of them the said harbor master and health 
filter respectively. 

ABRAHAM JACKSON, Speaker of the House of Representatives. 
JARED IRWIN, President of the Senate. 
Assented to, December 12, 180<k 

JOHN MILLEDGE, Goybrnoiu 



AN ACT* 

(No. 167.) 

To alter and amend an act, entitled, « Jin JLct to alter and amend an act, to empower 
the Inferior Courts if the several counties within this Stale, to order the laying out the 
public roads, and to order the building and keeping in repair the public bridges,*' svfar 
as respects the counties of Chatham, Bryan, Liberty, Glynn and Camden, passed the 
i.ath December, 1803. 

JO E it enacted by the Senate and House of Representatives of the State of 
Georgia, in General .Assembly met, and by the authority of the same, That the geveral Commission- 

• . • j -1/. «. x i ers to conrcne 

commissioners or surveyors to be nominated and appointed (or those now in office) by an d deter- 

virtue of this act, shall meet on the fourth Monday in May, annually, at the courthouses ™* e ^\ a ™*£ 

in the several counties respectively, and then and there determine ail matters relating to to the r0 * da > 

• . • i i 111.1 &c. in said. 

the several roads, bridges, rivers, creeks, causeways and water passages already laid out, counties. 
erected, cleared or made, or which may be erected, cleared or made, and assign any par- 
ticular part of the duties to be performed by any particular person or persons, commis- 
sioner or surveyor, and to appoint the time of working within their respective divisions 
or districts ; and also to appoint other commissioners or surveyors in the room of any 
dying, departing the State, declining, refusing or neglecting to act, as shall be agreed 
upon by a majority of the commissioners or surveyors then present. 

Sec. 2. And be it further enacted, That any surveyor or commissioner now in office, Penalty gfl 
or to be appointed by virtue of this act, who shall not daily and every day, attend upon t^b^&ny^f 
the roads within their respective districts or divisions, during the time of working: on the the commit 

° i*ne-rs, 

*See act of 1805, No. 2Q3j section 8, repealing t2ii6 act 



2l« LAWS OF GEORGIA, 



(No. 168.) Same, or whenever thereunto required by a majority of the commissioners or surveyors* 
or if any of the commissioners or surveyors so appointed, shall, after accepting such 
appointment, refuse or neglect to do, or perform the duties required of them by this act, 
such commissioner or commissioners shall, at the discretion of the commissioners or sur- 
veyors of his county, or a majority of them, who shall be present at the meeting next, forfeit, 
and pay a sum not exceeding twenty four dollars ; this clause not extending to line any 
commissioner or surveyor, or who after serving as such by virtue oi* this act, the space 
of two years, shall choose to decline the said office ; and it shall be the duty of every 
commissioner or surveyor to make his return of defaulters, in his or their respective dis- 
tricts at the general meeting of the said commissioners or surveyors, whose duty it shall 
be to determine on ail lines to be imposed as well on the commissioners and surveyors as, 
otherwise, 

w^q |. bl Sec. 3. And be it further enacted, That all persons liable to and bound to do duty 
to work on the ©n the public roads in the counties of Glynn and Camden, shall be liable only to work on, 

roads in Cam- . , „ , ., ,. jM ,• ..<: ■-■■>. 

ilen & Glynn, the mam post roads through said counties, until a majority oi the commissioners of 
either of said counties, shall (from the good order of said roads) direct otherwise, and 
not before j any law to the contrary notwithstanding. 

Sec. 4. And be it further enacted by the authority aforesaid, That in the counties of 

Glynn and Camden, the white male inhabitants liable to do duty on said road, and who 

hands* fa" 1 ** shall attend for that purpose as the law directs, shall be divided into three equal parts by 

Glynn & Cam- ^g commissioners or surveyors of each district, on the day of meeting, either bv drauaht 

den in what ,-,.,,, • • , ,» 

manner to be or otherwise, as may be directed by the commissioners or surveyors, each oi which party 
divided s0 divided, shall attend the roads in rotatory order, and each take their due portion of 

said duties, to be so allotted by the commissioners or surveyors, as not to compel more 
than one third part of the white male inhabitants of their respective districts to do and 
perform one whole day of duty together : Provided, nothing herein shall be construed to 
except more than two thirds of said white male inhabitants at a time, on the same day 
from the performance of the duties required of them. 



i'roviso. 



Sec. 3. And be it further enacted by the authority aforesaid, That any person 

sgket of du- or persons neglecting or refusing to do and perform the duties hereby required, shall be 

liable to a fine not exceeding one dollar for every such offence, which said fine shall be 

levied agreeable to the mode heretofore pointed out, at the discretion of the board of 

commissioners. 

Sec. 6. AND WHEREAS the judges of the inferior court for Glynn county have 
neglected to lay out a public post road through the body of that county (corresponding with 
the roads through the adjacent counties) by which the said roads through the adjacent 
counties are rendered of less public attlMy ; Ami, that whereas great convenience might 



PASSED IN THE YEAR 136-i, 3-17 



result from the establishment of a road, from Fort Barrington to Little Satilla, where (No. 167.) 
the Camden county main road terminates : 

BE it therefore enacted bit the Senate and House of Mepresentatives of the State of 

J ° „ "A read to be 

Georgia, in General Assembly met, and by the authority of the same, That the eoin- laid off from 
missioners or surveyors who may be appointed in said county of Glynn, are hereby au- t °* to^ittfe 
thorized and empowered to lay out a public road, commencing from the south side of the Satilla. 
Alatamaha, opposite to fort Barrington, taking the most direct and convenient course to 
the Little Satilla, where the path, long known by the name of the Rebel road, leading 
from Fort Barrington to the burnt fort on Great Satilla, crosses said Little Satilla ; and 
the said commissioners or surveyors are hereby required to lay off, and work on said road 
agreeable to the regulations established by this law, for repairing roads, &c. in the seve- 
ral counties herein before mentioned, 

Sec. 7. And whereas it may not be practicable for the several persons subject to work When work 

, . shall be done 

by this act, to erect bridges over the several creeks or rivers within the several districts at the expense 

or divisions, by working thereon six days :. — Be it therefore enacted, That the commis- ° tne count y* 
sioners or surveyors of such districts or divisions, by consent of the justices of the infe- 
rior court of the county, shall be, and they are hereby empowered to contract and agree 
with any person or persons willing to undertake the same, and that the expenses thereof 
be defrayed from the county funds-: Provided nevertheless, That where it may appear ne- 
cessary to erect such bridges over any creek, or river between two counties, the labor 
and charges of erecting the same, shall be defrayed equally by the respective counties. 

Sec 8. And be it further enacted by the authority aforesaid, That so much of the 

Repealing - 
road act, passed the 10th day of December, 1803, as is contrary to this act, be and the clause. 

same is hereby repealed* 

ABRAHAM JACKSON, Speaker of the Mouse of Bepreseritativesi- 

JARED IRWIN, President of the Senate* 
Assented to, December 12, 180&; 

JOHN MXLLEDGE, Goveknoe. 



21* LAWS OF GEORGIA, 



(No. 168.) AN ACT 

To alter and change the names of Churchill Hines Taylor, George Washington Raids 

and Amos May* 

TV HEIiEAS Richard Hines and Richard Wiggins, by their petition to this legisla- 
Certain names ture, setting forth that they are tlie reputed fathers, to wit : The said Richard Hines 
the reputed father of Churchill Hines Taylor, and George Washington Rawls, minors * 
and the said Richard Wiggins, the reputed father of Amos May, also a minor j and 
praying that the said children may bear their name | 

BE it therefore enacted by the Senate and House of Representatives of the State of Geor- 
gia in General Assembly met, and ly the authority of the same, That from and immediately 
after the passing of this act, that it shall he lawful for the said Churchill Hines Taylor^ 
George Washington Rawls, and Amos May, to take, be called, and known by the name 
of Churchill Taylor Hines, and George Washington Hines, and the said Amos 
May, Amos Wiggins. 

ABRAHAM JACKSON, Speaker of the House of Representatives* 

JARED IRWIN, President of the SenaU, 

Assented to, December 12, 180*. 

JOHN MILLEDGE, Governor 



(No. itfp.) AN ACT 

To Manumit certain persons therein namedi 



Preamble- 



HERE AS John C. Livingston, of the State of South Carolina, deceased, did nt 
and by his last will and testament, bearing date the twenty ninth day of December, one 
thousand eight hundred and three, authorize the emancipation of a certain negro woman 
called Mag, and her five mulatto children called Mary-Ann, Lydia, Rose, Paul and 
Selina; and did by the said last will and testament, devise and bequeath real and personal 
property to a considerable amount, for the use and benefit of the aforesaid persons; and 
therein appointed Charles Oddingsell.s and Francis Hopkins, Esquires, trustees and 
guardians of the said negro woman Mag, and her said five mulatto children,, Mary-Amu 



PASSEB IN THE YEAR 180^ ' 21$ 



Lvdia, Rose, Paul and Selina; and also appointed the said Charles Oddingsells and (Ho. 169.) 
Francis Hopkins, with others, executors of the said last will and testament of him the 
s:Jd John C. Livingston, who have by their petition prayed the present legislature, that 
the benevolent intentions of the said John C. Livingston may be carried inio effect. 

Sec. 1. BE it therefore enacted by the Senate and House of Representatives of the 
State of Georgia, in General Assembly met, and it is hereby enacted by the authority of 
the same. That the said negro woman Mag, and her said five mulatto children, called 
Mary- Ann, Lydia, Rose, Paul and Selina, be, and they, and each and every of them, 
arc hereby manumitted and set free, and they and each and every of them are hereby 
declared to be entitled to the same priviledges and immunities as if they had been bora 
free : and the said Charles Oddingsells and Francis Hopkins, are hereby vested with all 
the property both real and personal, given and devised by the said John C. Livingston, 
in and by his said last will and testament as trustees and guardians to, and for the sole and 
separate use, benefit and advantage of the said negro woman Mag, and her said live 
mulatto children, Mary- Ann, Lydia, Rose, Paul and Selina, to the same extent, and 
under the same conditions, restrictions and limitations as are expressed or contained in 
the said will. 

And whereas brigadier general Josiah Tatuail, jun. late of this State, deceased, did 
in and by his last will and testament, bearing date the thirteenth day of February, one 
thousand eight hundred and three, authorize the manumission of his negro woman Bess, 
for her affectionate attention and faithful services, and particularly requested his execu- 
tors to take the necessary steps under the law, to place the said faithful negro woman 
Bess, at her full liberty, free and unfettered by slavery t And whereas the executors of 
the said General Josiah Tatnall, jun. have by their petition prayed the present legisla- 
ture, that the benevolent intentions of the said Josiah Tatnall jun. expressed in his said 
will, in regard to the said negro woman Bess, may be carried into effect. 

Sec. 2. Bs it therefore enacted by the authority aforesaid, That the said negro wo- k Certain he» 
man Bess, be, and she is hereby declared to be manumitted and set free from all man- s '° e freed ' 
ner of servitude and slavery whatever, and she is hereby declared to be entitled to the 
same priviledges and immunities as if she had been born free : Provided neverthe- 
less, That nothing herein contained, shall be so construed as to exonerate the aforesaid 
slaves from being liable and subject at all times to the payment of any just debt or debts 
that may appear against their last owners • and that security be given by the executors, 
trustees or guardians to his excellency the governor, or his successors in office, in the sum 
of two hundred dollars, for each and every slave so emancipated, that such slave or slaves 
shall not become a public charge. 

ABRAHAM JACKSON, Speaker of the House of Mepivsentativee, 
JARED IRWIN, President of the Smote. 
Assented to, December 12, 180i. 

SOWS MILLEDGE, Governor 



220 liAWS OF GEORGIA 



(No. 170.) AN ACT 

Per apportioning Representatives among the several counties in this State, according to 
the second enumeration, in conformity to the seventh section of the first article of the 
constitution. 



Preamble. 



HERE AS the seventh section of the first article of the constitution directs, 
«< that the House of Representatives shall be composed of members from all the coun- 
ties according to their respective numbers of free white persons, including three fifths of 
all the people of color," in order therefore to apportion the representatives of each coun- 
ty respectively, to the said second enumeration or census. 

RE it enacted by the Senate and House of Representatives of the State of Georgia in 
Represents- General Assembly met, and by the authority of the same, That in future the representa- 
verai counties ^ on °^ t ' ie respective counties shall be apportioned ia the following manner, to wit :— . 
apportioned. Camden one, Glynn one ? M'Intosh two, Liberty two, Bryan one, Chatham three, E fling- 
ham one, Scriven two, Burke three, Bulloch one, Tatnall one, Montgomery two, Jef- 
ferson two, Lincoln two, Elbert three, Jackson three, Clark three, Richmond two, 
Wilkes three, Columbia three, Warren three, Washington three, Hancock three, Greene 
three, Oglethorpe three, Franklin three, and Walton one. 

ABRAHAM JACKSON, Speaker of the House of Representatives* 

JARED IRWIN, President of the Senate^ 

Assented to, December 12, 1804. 

JOHN MILLEDGE, Governos 



AN ACT 



(No. 171.) 



To admit Howel Washington Runnells to practice and plead in the several courts of 

Law and Equity within this State. 

Preamble yy HEREAS the said Howel Washington Runnells hath produced a certificate from 
the honorable Thomas P. Carnes, formerly Judge of the Superior courts of this State, 
and from the honorable John Griffin, formerly Judge of the said courts, the former of 
which, that he examined the said Howel W. Runnells, respecting his abilities, fitness 



PASSED IN THE YEAH 1804, 



au 



and capacity to practice and plead in the several courts of law and equity within this (No. 171.) 
State, and found him qualified y and the latter, satisfactory as to his moral rectitude. 

UJE it therefore enacted by the Senate and House of Representatives qf the State of Howel w. 
Georgia, in General Assembly met, and by the authority of the same, That the said Howel ^^^ap^c 
Washington Runnells, be, and he is hereby admitted to practice and plead in the several tice law. 
courts of law and equity within this State, with all the rights, privileges, and immuni- 
ties, which attornies and practitioners of law have, or are entitled to enjoy ; the said 
Howel W. Runnells first taking the usual oath administered to attornies upon their 
admission. 

ABRAHAM JACKSON, Speaker of the House of Representatives. 

JARED IRWIN, President of the Senate, 

Absented to, December 12, 1804. 

JOHN MILLEDGE, Governor 



AN ACT 

To authorize Mien Daniel to erect a public ferry across Broad River, on lands qf said 
Daniel, at or near the mouth of Blue-Stone Creek, 



Wi 



(No. m.) 



HEREAS the establishment or erection of a public ferry across Broad River, at, 
or near the mouth of Blue-Stone Creek, will greatly tend to the public convenience. Preamble. 

Sec.I. BE it therefore enacted by the Senate and House qf Representatives of the State qf 

'Georgia, in General Assembly met, and it is hereby enacted by the authority qf the same, Allen Daniel 

That the said Allen Daniel, immediately from and after the passing of this act, shall r 7 across - 

be authorized and empowered to establish a public ferry across the said Broad River, Broad River * 

at, or near the mouth of Blue-Stone creek, on the lands of the said Allen Daniel, and Allowed law- 

that the said Allen Daniel, shall have and receive from all passengers crossing the said ful rateS * 
river, at the said ferry, the rates of toll established by law for ferries over the said river. 

ABRAHAM JACKSON, Speaker of tiie House of Representatives. 
JARED IRWIN, President of the Senate. 

Assented to, December 12, 180*. 

JOHN MILLEDGE, Govebnqk* 



22% I*AWS OF GEORGIA, 



(No, 173.) AN ACT 



To lay out and open a road from Hooker's ferry, on Canouchee river, to M'CalVsbridge 
on Great Ogechee river, miming through Bulloch and Bryan counties. 

Sec. l Jpl 
-'lo-ufrom JOE it enacted I y the Senate anil House of Representatives of the State of 

Hooker's fer- Georgia in General Assembly met, and by Vie authority of the same, That from and im- 
8%32l off medillteI y aftci * the passing of this act, iliat there shall be a road laid out from Hooker's 

ferry on Canouchee river, to M'Cali's bridge over Great Ogechee river, the nearest way 

that may be found convenient 

Commissi- Sec. 2. And be it further enacted by the authority aforesaid, That John Dukes. 

oners appoint t?1- t\ • l j mi ,',,'. , ' ' 

ed xo ky off ^"as famel, and 1 liomas Albritton, be, and they are hereby appointed commissioners 
th WhoHable t0 Iay out said road and alteEd tlie opening the same ; and that all malo inhabitants, in 
to work on it the different districts, through which the said road may run, are hereby declared to be 

liable to work on said road, agreeable to a road act now in force in that ease made 

and provided. 

ABRAHAM JACKSON, Speaker of the House of Bepremitatives, 
JAREB IRWIN, President of the Senate, 
Assented to, December 12, 1804<o 

JOHN MILLEDGE, Governor 



AN ACT 
(No* 174.) To appropriate monies for the political year 1S05. 



Sec. 1. J-j E % enaeted y the Senate and House of Representatives of the State 

on ?n favoTof of Georgia in General Assembly met, and by the authority of the same, That there be 

Sslerltarks appropriated for the use of the Governor, the sum of two thousand five hundred dollars, 

Surveyor-gen j n conformity to the law of 1804 ; the sectaries to the governor, not exceeding two, 

C TreasnrerSc five hundred dollars each per annum ; the secretary of State, two hundred dollar^ per 

Coroptro Ufer annum . the SU rveyor-£eneral, two hundred dollars per annum ; the Treasurer, twelve hun- 

Secretary c ">£ dr ed dollars per annum j tlie Comptroller-general six hundred dollars per annum ; the secre- 

fe^ e e house? iary of the senate, three hundred dollars per annum -, the clerk of the House of Represen- 

of ; e ^ *** ^tives, three hundred dollars per annum, which said, several sums shall be and they are 



PASSED IN THE YEAR 1803. 223 



hereby appropriated for the use of tlic officers above mentioned, the same to be paid (No. 174.) 
quarter yearly, by warrant from the governor on the treasurer, out of the taxes to be contingent 
received for the years ISOi and 1805 ; and the sum of fifteen thousand dollars as a fand - 
contingent fund, subject to the draughts of the governor. 

Sec. 2. .,111(1 be it further enacted, That the President of the Senate and Speaker of President of 

•/ ' Senate and 

the House of Representatives, shall have each four dollars per day, and the other mem- Speaker of 
bers of both branches of the legislature, at, and after the rate of three dollars per day nqncseiita- 
each, for their coming to, attendance on, and returning from the same ; the secretary tives - 
of the Senate and clerk of the House of Representatives, four dollars per day each • Members & 
two engrossing clerks of the Senate and two engrossing clerks of the House of Repre- 
sentatives, four dollars each per day ; the messengers and door keepers of both branches 
of the General Assembly, three dollars per day each ; the clerk of the House of Repre- 
sentatives and secretary of the Senate the sum of sixty-eight dollars each, for stationary, 
fire-wood, and other contingent expenses during the present session ; to Reuben Lang- 
ston, clerk of the committee on the state of the republic, the sum of fifty dollars in full ; Reuben Lanr- - 
to Edmund 8. Jenkins, clerk to the committee on finance, the sum of fifty dollars ; to ^ 0l ^ ,. 
the a mi: Lii- general, the sum of three dollars per day while in actual service; to the Adjutant 

brigade iusj/octors, three dollars per day, and adjutants two dollars per day, white in Brigade in- 

, . spectors, 

actual service. * 

Sec. 3. Jlnd be it further enacted, That the sum of one thousand four hundred and 

Binetv-mae dollars be appropriated to meet the contract of the commissioners appointed on For a J nib " 
" , ^ i . c ropc j f roni 

the part of this State, agreeably to a resolution of the legislature, for the laying out this state to 
and opening a road from this state to the state of Tennessee; also the sum of one hun- 
dred and fiftv-thrce dollars, to William Barnett, and the sum of one hundred and seven- ,, To sundl T 
J other persons. 

teen dollars to Roderick Easley, for their services as commissioners, in exploring and 
marking out the said road and for other services ; to John J. Schley, the sum of thirty- 
two dollars for a paper case and writing desk for the House of Representatives ; to Pat- 
rick Jack, the sum of forty dollars for services rendered as brigade inspector of the 
first brigade of the third division, in the year 1802 ,• to John Haniill, the sum of twelve 
dollars as adjutant of Warren county regiment of militia, for the years 1801 and 1802 - 
to David Adams for contingent expenses attending the running the boundary line, agree- 
ably to the treaty of Fort-Wilkinson, the sum of one hundred and forty-six dollars : to 
William Cone, the sum of sixty dollars for building a fort in Effingham county, agreea- 
bly to a concurred resolution ; to Richard Bond, the sum of nine dollars for services 
rendered as drum-major in the regiment commanded by Col. Edward Ware, in Elbert 
©oimty. 



22i LAWS OF GEORGIA, 



(No. 174.) TO the following persons for taking the second enumeration agreeahly to the consti- 
tution of this state, the following sums, to wit : — 

To persons -^ J.osiah Everitt, of the county of Bulloch, seventeen dollars and thirty-four cents y. 
in the differ- to Asa Raygan, of Oglethorpe, forty-one dollars six and one quarter cents ; to William 

ent comities 

for taking the Lumpkin of said county of Oglethorpe, forty dollars and fifty-six and a quarter cents ; 
to Daniel Beall of Franklin, sixty-nine dollars and sixty-eight and three quarter cents; 
to Joseph Lamaster of Jackson, nineteen dollars and ninety-three and three quarter cents ; 
1.0 J. M. C. Montgomery of said county, twenty-six dollars and ninety-three and three 
quarter cents j to Edwin Wise of said county, fourteen dollars and twenty -five cents ; 
to Etheldred Wood, of said county of Jackson, thirteen dollars and thirty-one and a quar- 
ter eents ; to Lazarus Battle of Hancock, twenty-four dollars and six and one quarter 
cents; to Hamlin Lewis of said county, twenty dollars and thirty-one and a quarter cents ; 
to Jared Bureh of said county, twenty dollars and six and a quarter cents ; to Wylly 
Ahercromhie of said county, thirty-eight dollars ; to James Bird of Bryan, seven dol- 
lars and thirty-one and a quarter cents ; to Timothy M'Kinney, twenty-six dollars thirty- 
seven and a half cents; to James Muiryney of M'Intosh, fifteen dollars, forty-three and 
ihvee quarter cents ; to Thomas Davis of Montgomery, thirty-feur dollars and twenty- 
live cents ; to Thomas Sandwich of Richmond, thirty-seven dollars and twelve and an 
lialf cents ; to James Robinson of Jefferson, forty-four dollars and sixty-eight and three 
quarter cents ; to James Bransford and John Waddel of Clark, sixty one dollars and 
thirty-seven and a half cents: to William Cain of Wilkes, thirty-six dollars and eighty- 
one and a quarter cents ; to William Flemming of Columbia, thirty dollars and sixty- 
eight and three quarter cents ; to William Ogle of said county, fifty dollars and six and 
a quarter eents ; to John ITopson of Warren, thirty -four, dollars and thirty-seven and 
a half cents ; to Harden Pruett of said county, thirty-six dollars and thirty-one and a 
quarter cents; to Beckum Dye and R. T. Cosby of Elbert county, forty-eight dollars 
eighty-one and a quarter cents ; to Middleton Woods of said county, forty dollars and 
eighteen and three quarter cents ; to George Norman of Lincoln, thirty-three dollars and 
forty-three and three quarter cents ; to William M'Murry of Washington, twenty dollars 
and twelve and a half cents ; toT. B. Rutherford of said county, twenty-four dollars 
and twelve and a half cents; to. Samuel Robinson, of said county ,_ thirty-three dollars 
and eighteen and three quarter cents; to William Daniel of Greene, fifty-one dollars and 
forty-three and three quarter cents; to Joshua Han gh ton of said county, forty-three dol 
lars and thirty-seven and a half cents ; and to John Pooler of Savannah, fifty dollars ; , 
to Johnson Welborn thirty six dollars, and Nathaniel Willis thirty six dollars, 

To£rn4iv ^° *< ie commissioners and their secretary, who were appointed to repair to the 

other person* Opti nation, for the purpose of demanding and receiving restitution for property claim- 
for different r jl o o • ' ■-' r 

Services. ed by this State from the said nation, at and after the rate of three dollars per day each, 

whilst in actual service; to the commissioners and their secretary? who attended the run 



PASSED IN THE YEAR 1804. 225 



ning the temporary boundary line, at and after the rate of three dollars per day whilst (No. 174.) 
in actual service ; to the commissioners and their secretary, appointed to lay off the 
town of Milledgcville, at and after the rate of three dollars per day each, whilst in 
actual service ; to the surveyor, at and after the rate of four dollars per day, whilst by 
them employed ; and two chain carriers and one chopper, at and after the rate of one 
dollar per day each, whilst employed; to Buekner Harris, Esq. one of the commission- 
ers for laying out the road through the Cherokee nation, at and after the rate of three 
dollars per day, whilst in actual service ; to general David B. Mitchell, the sum of 
twelve hundred and thirty five dollars and seventy five cents, in full of his accounts for 
ammunition and sundry supplies furnished in the year eighteen hundred and two, under 
the order of the governor, in the defence of the sea-coast against the landing of Brigand 
negroes from Guadaloupe, and in full for a boat lost in said service; to Daniel Buller one 
hundred dollars, agreeably to a concurred resolution of the present session ; the sum of 
sixty four dollars and seventy five cents, to John Paulett, as per order of Peachy Bled- 
soe, brigade inspector to the second brigade of the third division of the militia of this 
State, for services rendered in the years 1801 and 1802; to George Christian, the sum 
of fifteen dollars for the year 1801, in full for his services as adjutant for the Franklin 
regiment ; to Sarah Hillhouse, the sum of twenty dollars, and forty one and a quarter cents 
for printing for the State, in the last political year ; and the sum of five hundred and 
eighty two dollars and thirty two cents, to John Milton, Esq. of Burke county, in full for 
articles furnished and services rendered as secretary of State, agreeably to a concurred 
resolution ; to James Stallings four hundred and fifty four dollars and thirty five cents, 
agreeably to the report of the committee on his petition to the present legislature : — 
which said several sums shall be paid to the several persons herein named, out of any 
monies which now are, or may hereafter come into the treasury. 

ABRAHAM JACKSON, Speaker of the House of Representatives* 

JARED IRWIN, President of the Senate, 

Assented to, December 12, 1804, 

JOHN MIIXEDGE, Goveknok, 



E 



"LAWS OF GEORGIA* 



(Mo. 175.) AN ACT# 

To raise a tax for the support of government for the year one thousand eight 

hundred and Jive. 



Tax: on 



* JDlE it enacted by the Senate and House of Represenrabives of the State of 
lands. Georgia, in General Assembly met, and by the authority thereof, That a tax shall be 

levied and collected on all lands within this State, granted to, or surveyed for any 
person or persons in the following mode, to wit : 

Valuation On each and every acre of all tide swamp, (cultivated or uncultivated) including 

kndr al ' ly ° f isIands of the fi, ' st quality, at three cents and seven uniis per acre; of the second quality^ 

at two cents and three mills per acre ,• and of the third quality, at seven mills per acre, 

On all pine lands adjoining such tide swamp, or contiguous (hereto, or within three 
miles of water carriage, at six mills per acre. 

On all prime or inland swamp (cultivated or uncultivated) of the first quality, at tw© 
cents and six mills per acre , of the second quality, at one cent and four mills per acre j 
and of the third quality, at six mills per acre. 

On all pine lands adjoining or contiguous thereto, at one mill and an half per acrej 
on all salt marsh, one and an half mills per acre. 

On all high river swamp or low grounds, (cultivated or uncultivated) including islands, 
including such as are called second low grounds, lying above Aber'-orn creek, and as high 
as the mouth of M*Bean's creek on Savannah river, oi the first quality, at one cent and 
nine mills per acre ; of the second quality, at one cent and two mills per acre j and of 
the third quality, at six mills per acre. 

On all high river swamp as aforesaid, lying above M'Bean's creek, and as high as the 
mouth of Rae's creek, of the first quality, at two cents and nine mills per acre ; of the 
second quality, at one cent and nine mills per acrej and of the third quality, at eight 
mills and an half per acre. 

On all high river swamp as aforesaid, lying from the mouth of Rae's creek, to the 
mouth of Broad river, on Savannah river, of the first quality, at one cent and five mills 
per acre ; of the second quality, at eight and an half mills per acre ; and of the third 
quality, at two and an half mills per acre. 

* See act of 1805, No. 192, continuing and amending this act, and act of 1S06, No. 222, and No. 267, amen- 
datory thereto, and act of 1807, No. 296, re- enacting 1 and continuing this act with amendment*. 






'PASSEB IN THE YEAR 1804, t'Vr 



On all oak and hiekoiy lands, (cultivated or uncultivated) including islands, from the (No. 175.) 
mouth of Hae's creek, to the mouth of Broad river, and within one mile of Savannah river, 
of the first quality, at six mills per acre ; of the-second quality, at two and an half mills 
§»er acre ; and of the third quality, at one an half mills per acre. 

On all oak and hickory lands, including islands (cultivated or uncultivated) from the 
mouth of Broad rivers up to the Savannah river, and within one mile of the same, and 
up Tugalo river to the marked line on said stream, of the first quality, at four and one 
quarter mills per acre; of the second quality, at two and an half mills per acre; and of 
the third quality, at one mill per acre. 

On all oak and hickory lands, including islands, (cultivated or uncultivated) from 
the mouth of Broad river to the marked line on the head thereof, of the first quality, at 
four and one quarter mills per acre; of the second quality, at two and an half mills per 
acre ; and of the third quality, at one mill per acre. 

On all high river swamp or low grounds, including islands, (cultivated or uncultivated) 
from Fort Argyle to the mouth of Buck Head creek, on Ogeehee river, of the first qual- 
ity, at seven and one quarter mills per acre; of the second quality, at four and one 
quarter mills per acre ; aud of the third quality, at one and au half mills per acre. 

On all oak and hickory lands as aforesaid, from the mouth of Buck Head creek, t© 
the head of Ogeehee river, of the first quality, at six mills per acre; of the second! 
quality, at two aud an half mills per acre ; and of the third quality^ at one and an half 
mills per acre<> 

On all high river swamp or low grounds, including islands (cultivated or uncultivated) 
ft'oin the mouth of Buik Head creek to the head of Ogeehee rivel^ of the first qualify,, 
at six mills per acre ; of the second quality, at two and an half mills per acre ; and off 
the third quality, at one and an half mills per acre 

On all high river swamp, (cultivated or uncultivated) including islands, from Cat Head 
on the river Alatatnaha, to the mouth of the ©eonee river, of the first quality, at eight 
and an half mills per acre ; of the second quality, at four and one quarter mills per 
acre ; and of the third quality, at one and an half mills per acre 

On ell high rivrr swamp or low grounds as aforesaid, from the mouth of Oconee river,, 
aloig the northern stream on the north side of the Indian temporary line, to the conflu- 
ence of the Oconee and Appalaehee or South Fork, of the first quality, at one cent and 
two mills per acre ; of the second quality, at six mills per acre 3 and of the third qual- 
ity, at one and an half mills per acre., 



zW LAWS- OF GEORGIA* 



(No. 175.) On all river swamp as aforesaid, from the confluence of the Oconee and Appalahee 
rivers, upwards oh the north side of the Indian temporary line, of the, first quality, at 
seven mills and an half per acre; of the second quality, at five mills per acre; and of 
the third quality, at two and an half mills per acre. 

On all other oak and hickory lands throughout this State, of the first quality, at four 
and a quarter mills per acre; of the second quality, at two and an half mills per acrej- 
and of the third quality, at one and a quarter mills per acre. 

On all oak and hickory lands, including islands (cultivated or uncultivated) above the 
flowing of the tide, on all rivers from Cat-Head an die river Alatamaha, to the river 
St. Mary's inclusive, to the marked line aforesaid, of the first quality, at two and an 
half mills per acre; of the second quality, at one and an half mills per acre; and of 
the third quality, at three quarters of a mill per acre. 

On all lands on the sea-islands, or lying contiguous to the sea shore, usually cultivated- 
or capable of cultivation in corn, indigo or cottou, of the first qualify, at one cent and 
five m\\t& per acre ; of the second quality, at eight and one half mills per acre; and of 
the third quality, at four mills per acre. 

On all other pine lands throughout the State, at three quarters of a mill per acre^ 

Sec. 2, .And be it further enacted, That the sum of thirty-one mvl a quarter cents s 

shall be levied on all free male white persons of the age of twenty-one years, and upwards, 

,„ ® ts ) xe l * n ^ 1S State : and the sum of thirty-one and a quarter cents, on ail negroes and other 

in vmc' , lots, slaves under sixty years, within the limits of the same ; and the sum of thirty-one and 

ino- tabks, a quarter cents on every hundred dollars value of every lot, wharf, or other lauds not 

lawyers phy- }j ere ; n alreadv enumerated ; and on all other buildings within the limits of any town, 

ers, factors & village or borough within the same; the sum of thirty-one and a quarter cents upon all 

stock & other Hiale free negroes, mulaUoes and mestizoes, from the age of twenty-one years & upwards, 

laxes ' over and above the taxable property they may be possessed of; and the sum of thirty 

one and a quarter cents, shall be levied on every hundred dollars value of all persons 

stock in trade, shop-keepers and others, to be computed at prime costs, and the return to 

be made on oath, that the stock in trade so returned, is the highest estimation of the 

stock in such person's possession, at any time, not exceeding three months preceeding 

the time appointed by this act, for such stock in trade to be estimated and returned ; the 

sum of one dollar on all four wheeled carriages, (waggons excepted) and the sum of fifty 

cents on all two wheeled carriages (carts and drays excepted ;) the sum of four dollars 

on all practitioners of lav/ or physic ; and the sum of fifty dollars on all billiard tables J 

and the sum of one thousand dollars on all E. O. tables or other instruments of the like 

construction for the purpose of gambling ; and whenever it shall so happen that the per- 



PASSED IN THE YEAR 1804. 22U 



sons owning or holding such table in possession, refuse legally to return such table or (No. IT'S,) 
tables, or after returning the same, shall neglect or refuse to pay the (ax thereon, when 
thereunto required, it shall be and is hereby made the duty of the collector of tax, to 
levy on tbe said table or tabies, or instrument, and expose the same to public sale, after 
giving such notice as. is required for the sale of personal property ; and should the said 
table or tables, after being set up for sale, not sell for the full tax due on the said table 
or tables, that then all the property of the owner or owners, shall be liable for the taxes 
aforesaid, and further the person or persons owning such table or tables, is hereby made 
liable to return and pay the like tax in every county in this Slate, wherever he, she, or 
they may carry the -same -.—That the tax on E. i). and billiard tables may be levied and 
collected at any time after the passing of this act, wherever such tables may be found, 
but if the tables should be secreted so that they cannot be come at, then the collector shall 
lew on any other property belonging to the said owner or owners, and every tax eoliee- 
to* is hereby required to proceed immediately against persons keeping such tables, as is 
directed in eases of non-payment of taxes on other property. The sum of four dollars 
on all factors and brokers and on all Avar.es, liquors and merchandize? sold, bargained, or 
trafficked for by suchfaetors and brokers; eighteen and three quarter cents, on every hun- 
dred dollars by them sold or disposed of, to be given in upon oath ; and the sum of fifty 

cents, on every hundred dollars of the funded stock of the United Slates, to be given in 

* I rovsso. 

by the holders thereof, in like manner as stock in. trade*: — Provided nevertheless, that 
in all case* of extreme indigence or infirmity, the Inferior court of each county, shall he? 
and they are hereby authorized to remit the poll tax upon such indigent or infirm persoxi- 

claiming the samc'o . 

Sec. 3. And he it further enadcd 9 That there shall be- a receiver for each county, Each county 
throughout this State, and the mode for taking the returns shall be as follows: — the re- C eiver. 
ceiver of tax returns in each county, shall. give notice to each captain's district within /he manner 

•/'■■■is * «t taking in 

the county, by advertising in (he uiostpubliu place of each district, the day and place he returns and 

will attend to receive the returns oi taxable property therefore, and which notice shall be 

given at least ten days previous thereto j such receiver shall likewise attend previous to 

making his return of defaulters, three different days in each district for that purpose, 

which days shall not be within seven days of each other 5 and the commanding officer in f ui . n ^ a r ins ■ ° 

each company, shall give to tiie receiver so attending, a list of inhabitants liable to pay ej ' s wil!l a!ist 
. of nei sons lia~ 

taxes Within his district, on oath or affirmation, to the best of his knowledge and inform- bie to pay 

ation, under the penalty , of tuirty dollars, in case of failure, to be recovered before any taieS ' 

justice of the peace within the county, one half to the person sueing for the same, ihe 

other for the use of the poor of such county. — And it shall be the duty of the receiver of 

returns at all times upon personal application to receive the returns not given in at the « a ^T™ 

time and place specially notified, at any time be lore he makes a digest of the whole rc- 

* See act of 1805, No. 192, pointing out the mode of collecting this tax 5 in case the Directors of the 
Bank are ia default. 



w &Att r 3 OF GEOBGIA, 



(sKTe. 175.) turns, and lie shall previous to entering on the execution of his duty, take and subscribe 

_. , an oath or affirmation, in the words following, to wit ; — "I, A. B. do solemnly swear* 

(or affirm) that I will truly and faithfully perform the duties of receiver of returns of 

taxable property, in the county to which I am appointed, as required of me by tills act 

and will not receive any return but on oath or affirmation." 

Sec. $. Jlnd be it further enacted, That all and every person liable to pay tax, shall 

Returns in give in a list of his, her, or their taxable property, as well as a list of every person or per- 
what manner , . , 

to be made. sons as he, she, or they may be attorney or aitormes, executor or executors, admini- 
strator or administrators, for, in the county or counties wherein such person, agentj 
attorney, executor or administrator, may reside,* describing as near as possible, from 
plats, deeds or other documents, the particular situation of such land, in what county* 
what particular water course on, and what lands it adjoins, for whom surveyed, aud to 
whom granted 5 and the receiver of such returns shall make a general digest, and re- 
To b d' turn the whole of the taxable property received as aforesaid, and al»o of the taxable pro- 

gesttd and 3 perty of non-residents and defaulters within his county, and shall transmit three copies 

copks to be in . x* • 

made o.it; to one to the collector oi the county, one to the Interior court, and one to the Co.iiptrol- 

uetobesfeat ler-General, and that the said receivers of tax returns, do deliver the aforesaid three 

copies, to wit; — to the collector and clerk of the Inferior court, on or before the fifteenth 

day of July next, and to the Comptroller-General, on or before the first day of August 

thereafter, under the penalty of one thousand dollars for each offence, including therein 

his own taxable property, and shall publish within one month thereafter in the Gazette, 

the names of the defaulters under the penalty of fifty dollars } and the receivers shall re- 

Receivers eeivc five per centum on the taxes arising from ail property returned: audit shall be 
compensation . o r r *. 

his duty to transmit to the Comptroller- General, and clerk of the Inferior court and col- 
lector of taxes, each a copy of Buch digests And that the said several receivers to be 
appointed by this act, shall be paid by the collectors in the respective counties, the sums 
which shall become due them for their services as allowed by this act j Provided, that 
no receiver shall be allowed or paid by the collectors, before such receiver shall produce 
Proviso. a certificate from under the hand oi' the clerk of the inferior court of such county, that 
such receiver is entitled to such sum for his services agreeably to this act 5 which certi- 
ficates such clerks are hereby, on application, directed to give, and every collector shall 
foe allowed credits for such payments, in his settlement with the treasurer. 

Sec. 5. And be it further enacted. That the receivers of tax returns, and collectors 

coilectowrca- °f taxes of the respective counties, shall be responsible to the executive department, andl 

pans hie to j^g amenable to such rules in conducting the duties of their respective oifiees, as the 
the governor. ** * 

Ctii.ectors executive may think necessary and proper.— -The collectors of the respective counties 

to !rive bond 

aiid Security. — — -~ 



Persons living- out of the State must return their lends in the county where the land lies — See act of 
of 18U9, No. 4gr. 



PASSED IN THE YEAR 1301. i3l 



before they enter on the duties of their office, shall give bond with sufficient securities, (No. 175,) 
as follows : — 

For the county of Chatham, in the sum of forty thousand dollars ; for the county of How much 
Camden, in the sum of eight thousand dollars ; for the county of Glynn, in the sum of *" ea< 
four thousand dollars 5 for the county of M'lntosh, in the sum of ten thousand dollars ; 
for the county of Liberty, in the sum of ten thousand dollars 5 for the county of Bryan, 
in the sum of six thousand dollars; for the county of Effingham, in the sum of four, 
thousand dollars : for the county of Scriven, in the sum of four thousand dollars ; for 
the county of Burke, in the sum of ten thousand dollars; for the county of Montgomery, 
in the sum of four thousand dollars ; for the county of Washington, eight thousand dol- 
lars ; for the county of Warren, in the sum of eight thousand dollars ; for the county of 
Hancock, in the sum of eight thousand dollars ; for the county of Greene, in the sum 
of eight thousand dollars; for the county of Richmond, in the sum of fifteen thousand, 
dollars; for the county of Columbia, in the sum of ten thousand dollars ; for the county 
of Wilkes, in the sum of fifteen thousand dollars; for the county of Oglethorpe, in the 
sum of fifteen thousand dollars ; for the county of Elbert, in the sum of ten thousand 
dollars ; for the county of Franklin, in the sum of eight thousand dollars; for the county 
of Jackson, in the sum of eight thousand dollars; for the county of Bulloch, in the sunt 
of four thousand dollars; for the county of Lincoln, in the sum of six thousand dollars 5 
for the county of Jefferson, in the sum of six thousand dollars ; for the county of Tat- 
nall, in the sum of four thousand dollars; and for the county of Clarke, in the sum of' 
eight thousand dollars 3* and shall also take and subscribe the following oath or affirm- 
ation, to wit :-— •'« 1, A. B. appointed collector of tax for the county of do solemn- 
ly swear, that 1 will faithfully discharge the duty required of me bylaw," and in case Theireaofj 
of death, refusal, or neglect of any collector to enter into such bond, or take such 
oath, then his Excellency the Governor is hereby authorized and required to appoint some 
other person willing to accept the same, on the qualification aforesaid, who shall attend His dut y * B 
in each district of the county to receive such tax ; and shall previously give at least ten 
days notice thereof, and shall attend at least two days in each captain's district; and 
not within ten days of each other 1 and if he shall presume to execute the said office, 
without the qualification aforesaid, he shall forfeit double the sum for each person's tax 
he shall receive, to be recovered by any person who shall inform and prosecute for the 
same, in any court or tribunal having cognizance of debts to that amount. 

Sec. 6. And be it further enacted, That the Governor for the time being, shall 
take bond and security of the collectors of each county respectively in conformity to this 
act, for the due performance of all the duties required of them, and shall transmit a 
dedimus to the justices of the inferior courts of the several counties, or any two of them, 

* See act of 1805, No. 192, including the counties of Wayne, Wilkinson and Baldwin. 



23 2 LAWS OF GEORGIA, 



(No. 175.) to receive and cause to be executed such hood, with two or more securities, to be appro- 
ved of by such justices, wliieh bond shall be forthwith transmitted by them- to the exe- 
cutive office. 

Aiipcrsis Sec. 7. Jlnd be it further enacted, That all persons whatsoever, who are possessed 
tS to give m of an y !amis §' ralite{l i0 > ov surveyed for them, or for any other person or persons, or of 
a true list of slaves, either in their own right, or in any other person or persons whatsoever, or are 

all their tax?.- . , 

We property liable to pay any tax by virtue of this act, shall on or before the first day of May nexijt, 
eiMiponoath. rent * er a particular account thereof, on oath in writing, setting forth in what county 
such lands and slaves are, to the best of his, her or their knowledge, to the receiver of 
the county wherein such person resides, at such time and place as the receiver of the 
county shall appoint for the doing thereof, so that the same be done on or before the first 
day of May aforesaid, which ^ath or affirmation shall be in the words following, viz : " I 

— do swear, (or affirm as the case maybe) that the account which I now give in, 

The oath. i s a j us t and true account of all the taxable property, which I was possessed of, held or 
claimed on the first day of January last, or was interested in, or entitled unto, either 
in my own right, or the right of any other person or persons whatever, as parent, guar- 
dian, executor, administrator, agent or trustee, or in any other manner whatever, ac- 
cording to the best of my knowledge, information or belief, and that I will give a just and 
true answer to all lawful questions that may be asked me touching the same ; and all this 
I declare without any equivocation or mental reservation whatever — So help me God." 
which said oath or affirmation, the receiver of tax returns for the several counties are 
hereby authorized and required, respectively to administer gratis. 

Neglect re- Sec. 8. And be it further enacted, That if any person or persons shall neglect -or 
fusai or fraud refuse to give in a return of his, her or their taxable property, or shall be convicted of 

m giving in _ 

property how fraud, or making a false return thereof, he, she, or they shall be liable to pay to the 
clerk of the Inferior court of the county, a fine of ten dollars for every hundred dollars 
valuation, so neglected or concealed, one half whereof for the use of the county, under 
the direction of the inferior court, and the other half for the use of the informer or in 
formers, to be recovered in any court having cognizance of the same. 



Attornies& 



Sec .9. JLn&be it further enacted. That all attornies or trustees of or for any person or per- 

trustecs of sons living without the limits of this State, shall make true returns as aforesaid, within 

to make re' the district wherein such trustee, attorney, or agent resides j* and that such attorney, 

said SaS e or attornies, trustee or trustees, shall fee subject and liable to pay the tax to become 

Liable out due by this act, or which may be due by any former tax law or laws, for such land or lands 

of his own es- . ' 

tate for ne- slave or slaves, out of his, her or their own proper estate, notwithstanding such attor- 

gleet. 

* See act of 1809, No. 457, requiring that non-residents, shall return their lands in thecounty where th<" 
same may lie. 



PASSED IN THE YEAH 1804. 233 



Proviso . 



ney or attornies, trustee or trustees, may renounce or disclaim acting as such before the (No. 175.) 
said taxes arc levied, unless such attorney or attornies, trustee or trustees, shall make 
oath before the receiver aforesaid, that he or they hath or have renounced such trust or 
attorneyship, before the payment of such tax became due, without having done it with 
a design to avoid the payment thereof:— Provided always, That if such attorney or 
attorneys, trustee or trustees, shall within one year next after making such oath, again 
become attorney or attornies, trustee or trustees, or act as such, he or they shall be lia- 
ble to pay the said tax, as herein directed, any tiling herein contained to the contrary 
notwithstanding, and for levying whereof, the same remedy shall be, and is hereby giv- 
en, as for levying the tax to become due by virtue of this act, on the proper estate ov 
estates, of such attorney or attornies, trustee or trustees* or other person or persons 
acting as such. 



Non-residents 



Sfcc. 10.. And be it further enacted by tlie authority aforesaid, That in case any land 
or other taxable property shall be found by the receivers to belong to any person or per- 
sons, residing without the limits of this State, and who have no attorney or attornies* who have no 
trustee or trustees, legally, constituted in this State, or which have not been returned to t e n" lt ho°\v- a 
any receiver appointed to the county where such iands are, then, and in such case, the then- property 
receivers shall be, and they are hereby authorized and required to charge such lauds and and the duty 

of" the recciv« 

other property for the payment of tlia tax imposed thereon, and also for all taxes due e r& collector 
thereon by any former tax act, and forthwith once in every month, to publish and give tllerein - 
notice of such charge or assessment in the gazette; and in ease of non-payment of such 
taxes within six months, the said lands and other property shall be liable thereafter to 
double tax, and to be proceeded against by attachment, in a summary way by the collec- 
tor, in the manner of distress and sale, and to make titles to the person or persons pur- 
chasing the same, and to pay the money, lawful charges only deducted, into the treasury: proviso/ 
Provided, the owner or owners, his or her agent or attorney, shall not within twelve months 
after such sale apply for the surplus ; and it shall be the duty of every tax collector, and 
lie is hereby required, on the day on which he shall come to a final settlement with the 
treasurer, or on the day when he is required by law to close his accounts, to make a re- 
turn on oath, which shall be certified and vouched for by at least two justices of the peace 
for the county, of all lands sold by him for the taxes, specially setting forth the tax for 
which it was sold, the price it sold for, and the purchaser or purchasers ; and in case of 
failure, such tax collector and his security shall be subject to a penalty of two thousand 
dollars, to be recovered in any court having cognizance thereof, to the use of the pro- 
secutor ; and shall also be subject to an action at law for damages, by any person ag= 
grieved thereby. 

Sec. 11. And he it further enacted, That all persons whatever, who are possessed - 
of any lands or slaves within this State, in his or their own right, or in the right of any 

F % 



23$ 



LAWS OF GEORGIA, 



Persons to 
pay taxes to 
the collector; 
his duty in 

case of default 



Must adver 
Use. 



(No. 175.) other person, any ways liable to pay tax by virtue of this act, shall pay in their taxes to 
the collectors that may be appointed to receive the same, in the manner hereinafter di- 
rected, on or before the first day of February next, and the respective collectors' receipts 
shall be held and taken as satisfactory ; and if on the said first day of February, any 
person or persons shall be in default, the collector of the county where such defaidt shall 
happen, shall immediately proceed against such defaulters by distress and sale (after due 
notice given of such sale, which. in no case shall be less than twenty days advertisement 
in one of the public gazettes of the State, and stating the amount of assessment levied, 
or tax due by such person or persons) of goods and chattels, if any to be found, other- 
wise of the lands of such defaulter or defaulters, or so much thereof as will pay the 
taxes due with costs ; but no sale of lands shall be made or be valid, unless two months 
notice thereof be given hy advertisement in one of the gazettes of the State, which shall 
be regularly published until the day of sale ; and in all cases to make titles to the pur- 
chasers of the property sold as aforesaid, and the said collectors respectively, shall, on 
or before the first day of June, in the year of our Lord one thousand eight hundred and 
six, close their accounts and deliver the same to the treasurer, for the time being; and 
after deducting five per centum, on all such taxes as they shall receive, pay the remain- 
der to the said treasurer. And the tax collectors shall, at all sales of land for taxes, 
first offer such parts of such lands for sale as may be reasonably expected to produce 
the amount of tax due by the owner thereof, and if he shall not have a bid for such 
part of the said lands, he may then offer a larger quantify until he can produce bids to the 
amount of the taxes due ,• and that no sales of lands hereafter made by tax collectors of 
more than one tract or grant, belonging to or sold as the property of one person, or one 
company or society of persons, where such tract first sold shall have produced or amount- 
ed to the taxes due by such person, or on all the lands returned or represented as the 
property of such person or persons, shall be deemed and considered valid; but such sales 
are hereby declared to be null and void, , 



|£i£kfees. 

His duty in 
sales of land. 



What sale 
Voixl. 



Sec. . 12..,tlntl Is it further enacted, That when any of the receivers of returns or 

Receirershow collectors of taxes, shall or may discover that any land or slaves, or other taxable pro- 

Sfieh/di? perty hath not been returned- as in this act is pointed out, he or they shall summon three 

covers lAndor f rC e-ho!ders, residents of the district where such lands may lie, or property be, to ascer, 

othc 7 " proper- 

t y has not fain the quality of such lands or other property, and double the tax thereon, for which 

amount the collector is hereby empowered and required to levy, sell and convey in the 

manner herein already mentioned :— Provided .-always nevertheless, That all lands or 

other property vested in commissioners- or. trustees for public use, shall not come within 

the purview of this act :~—Jlnd provided also, That no sale which shall be made under 

this act, of the property of orphans (having no guardian or trustee) shall have any effect 

And whereas, it has happened and may frequently happen, that between the day of 
receiving the returns, and the day appointed for the payment of the said tax, many per* 



been returned 
Proviso. 

■Proviso. 



MASSED IN THE YEAH 1804.. M 



sous have left the district in which they reside, and have been returned by the collectors (No. 175.) 
as insolvents, who had no property upon which the collector could levy and distrain : — 

'Sec. 13. Be it therefore enacted by the authority aforesaid, That the collector in collectors 

every county shall be obliged to lay before the grand jury of each county, a list of ^^soU-ents 

such insolvents as may be in such county or counties* on oath, who shall allow or dis- before the 

J " grand jury ot 

allow the same, their county. 



Sec, 14. And be it enacted, That the taxes imposed by this act, shall be preferred to all f cl ^d tc/'aii 

•securities and incumbrances whatever 5 and that in case any person or persons coming under other debt3 

~ whatever, 

the notice of this act, shall die between the time of giving in his, her or their returns to Dirty of cot- 

the receiver or receivers -respectively, and the paying of lus, her or their tax j and any e V wSrJper? 

jroods or chattels of the deceased, to the value of the sum taxed, shall come into the * ons , dife A be_ 

' O tore the taxes 

hands of his, her or their executors or -administrators* or executors in their own wrong, become due. 
such executors or administrators shall pay the same by the time before limited, prior to e cutoi : s & ad- 
all iudff'ments, mort2;as;es or debts whatsoever, otherwise a warrant of execution shall ™ iniSt j" at0lS 

*l O *-) o in. STU& CHjSS 

issue against the proper goods and chattels of such executor or administrator; and if of deceased. 
any person or persons, between the time of rendering the account of his, her or their Duty of col- 
estate to the receiver aforesaid, and the time of his, her or their paying in the said tax, lectors incas- 

es were per- 

shall be about to depart the connty in which he, she or they may have immediately then sons are about 

preceding resided ■; the said collector or collectors, is, and they are hereby direct- beforeflns tal 

ed and required forthwith to levy the same, notwithstanding the day of payment may not becomes dae - 
then have arrived, unless such person or persons, shall and do find security to be approv- 
ed of by the said collector or collectors, respectively, for the payment thereof, at the 
"day herein appointed,, 



Sec. 15. And be it further enacted, That all deeds of gift, conveyances, mortgages, 
Jes and assignments of goods, lands, tenements and chattels of any kind, of any per- 
son, whatsoever, made with an intention to avoid paying the aforesaid taxes, are hereby void * 



«■* . " « «-> Deeds cf 

sales and assignments of goods, lands, tenements and chattels of any kind, of any per- gift or sale to 

son, whatsoever, made with an intention to avoid paying the aforesaid taxes, are hereby 

deemed and declared null and void ; and in ease any person who has mortgaged estate, 



real or personal, shall neglect or refuse to pay the tax of the same, the mortgagee shall to pa^SSS 

be liable to pay the same.— Provided, That no such sale for taxes under this act, shall doTsnof ' 

iend to effect the state's title to any property mortgaged or secured thereto. Proviso. 

Sec. 16. And be it further enacted, That the treasurer for the time being, be, and 

he is hereby empowered and required to grant executions against all former collectors of Treasurer t| 

taxes, who are or may be defaulters, immediately after the passing of this act,- and he ons^ntS 

is hereby required and directed to proceed and to prepare the form of a general return f e ftort amUo 

to be made by the respective receivers of tax returns, to be approved of bv the eo- ™ ake ° ut tbe 

srernor, and transmitted by the treasurer, without delay to the aforesaid receivers of erairetumfpr 

; £ax returns, receivers. 



m LAWS OF GEORGIA, 



found in one 
county it nu.y 
be taken in 
another under 



(No. 175.) Sec. 17. And he it further enacted, That where the collector of the county finds no pro- 

Where no , , , . „ . . „ 

property is perty real or personal therein, of persons in arrears, to satisfy the tax due by this act, 

such collector is hereby authorized and required to sell so much of the property of the 

person neglecting to pay as aforesaid, as may be situate in any other county or counties 

certain restrk; as will satisfy the said tax, and arrears of tax as aforesaid, without further notice than his 

'^Collector's S lvin S twenty days previous publicity of said sale, by advertisement in one of the gazettes 

fee foradver- f this State; and the collectors shall be allowed the sum of fifty cents for each exCCU- 
tismg & sell- . 

ing- tion levied, and five per cent, on the amount of all sales, 

-Sec. 18. And he it further enacted, That every person or persons refusing or neglect- 
Person? re m S *° g* ve M1 a ^ s * °f his, her or their taxable property, agreeably to the directions of 
dectieto' 10 ' ^ liS ae *' sna ^ ^ 01 *feit and pay for every such neglect, the sum of one dollar for every 
|fiye in a list free male above the age of twenty one years; and the sum of one dollar for every negro • 

oi ill c ir to.vi*i- 

ble property, the sum of eighty cents on every hundred dollars value of every lot, wharf, or othe r 
howtobe ^ hands not herein already enumerated ; and on all buildings within the limits of any town, 
covered village or borough within the same, to be paid by the master or owner thereof, and to be 

recovered by bill, plaint or information, before any court of record ; the one half there- 
of to go to the informer ami the other half to the use of the county where 
such information is made, except where the prosecution is carried on by presentment, and 
Proviso, in that case, the whole shall be applied to the use of the county; — Provided always, 
That such information or presentment be made within twelve months after such neglect 
or default 

Sec. 19. And whereas divers persons, non-residents of this State, import large 
guantics of goods, wares and merchandize, and evade the payment of taxes, by not be< 
in this State, at the time usually prescribed for making returns for taxes ; for remedy, 

Non-residents Be it enacted, That any non-resident who shall expose to sale any goods in this State, 

goods iiltoSiis shall on his arrival, or within seven days after entering the same, make returns, on oath, 

t£e C fbr^e 1 - 6 to the receive1 ' of taxable returns, and give security to the tax collector to pay the same, 

turning them, on or before the time prescribed for paying taxes imposed by this act: — Provided, That 

ted. ° Ctrea such goods shall not be liable to pay the tax when they may be exported, or placed in the 

proviso. j ian ,j s of a vendue^master, to be actually disposed of by him or them; and on failing to 

comply as aforesaid, it shall and may be lawful for the tax collector to proceed against 

him or them, in like manner as against persons about to remove out of the county. 

* Sec. 20. And he it further enacted, That it shall be the duty of the judges of th« 

Judges of Superior courts at their next term, after the returns of the receiver of taxable property, 

the superior s \ ia \\ h ave been made agreeably to this act, to give it in charge to the grand juries of the 

court to ° , ,, . . 

charge grand several counties, that they do present all such persons as may be detaulters under tins aei : 
JenTdSauht 7 Provided nevertheless. That where any person or persons who may be a defaulter, shall 

crs. 



.PASSED IN THE YEAR 1804, 



before any information or presentment be made against him or tliem, go to the clerk of C^;^ 5 ') 
the Superior* court of his county, and give in a list of his property upon oath, in the 
same manner as ought to have been given to the receiver, such person or persons shall be j^*g«fjj 
exonerated from the pains and penalties of this act, and eacli person shall pay to such tke^uto 
clerk, for taking such list, the sum of fifty cents, and every such clerk shall return to t °J u §^J ri o r 
the collector of his county, on or before the first day of December, one thousand eight «ffi*jjj& 
•hundred and five, a true list of such property, and also transmit to the treasurer a return 
thereof, out or before the first day of February following. 

What, kind 

Sec. 21. JLml be it further enacted by the authority aforesaid, That the tax imposed f money to 
Z>y this act, shall be paid and collected in specie, bank bills of the United States, or of ^tSis/-. 
the different branches thereof; Governor's President and Speaker's warrrants, agreea- 
bly to the order of the present legislature, and nothing else ; and no replevin shall lie, or il1te °fi u en ce" 
any judicial interference be had in any levy and distress for taxes under this law, but that t0 be % a > X S 
jthe party injured be left to his own proper remedy in any court of law. der this law. 

And whereas, in conformity to the tax law of one thousand seven hundred and ninety- 
five; many persons had returned their lands in the county where they lie, but have since 
taken advantage of the law of one thousand seven hundred and ninety-six, and paid the 
taxes in the counties where they reside, and the collectors still stand charged with the 
amount of the returns so made. 

Sec. 22. Be it enacted, That the treasurer be, and he is hereby directed and autho- The treasu- 
mized to credit any tax collector, with the amount of returns made of laud by persons resi- e d to credit 
ding in other counties : — Provided, such collector shall make oath, that such taxes have 
not been paid to him, and the treasurer shall make returns of all such lands to the collec- 
tor of the county where the owner, trustee, agent, attorney or guardian may reside, 
requiring such collector to shew whether the taxes have or have not been paid to him* 
jand if not, the said collector is authorized and required to proceed against such owner-* 
agent, trustee or guardian as in cases of default 



collectors in. 
certain cases. 



Sec. 23. And be it further enactedbii tlie authority aforesaid, That any receiver ma- Penalty foe 

,«/ s t/ «/ 4 receivers ma- 

Idng a false return, expressive of more or other than is to him given ia, shall forfeit and king- false re- 

pay to the party aggrieved a sum equal to double the amount of the taxes on the property 

so illegally returned ; and any collector demanding an v other or more tux than by this and for coilec- 

. . r. tors demand- 

.act is imposed, according to the respective returns, shall forfeit and pay to the party ag„ more than le- 

grieved, for every such offence, four-fold on the sum so unlawfully received, to be reco- f a 



* See act of 1805, No. 192, repealing this clause, arid vesting the power in clerks of the Inferior court— and 
see act of 1807". No. 296, repealing- that part of this section, making- it the duty of Grand Juries to present 

defaulters, 



23.S SAWS OF GEORGIA 



(No. 175.) vered before any jurisdiction having cognizance thereof; and it shall be the duty of the 
&c en s uty ' sheriffs of the respective counties, to execute all executions and other process issued by 
the treasurer against officers appointed by this act, under and by virtue of the same. 

Collectors 
hi arrears how 

to b-i treated. Sec, 24. Jlml be it further enacted, That in case any collector of taxes for any county 
in this State, shall not settle his accounts with the treasurer, and pay in the amount of 
his collection, by the time pointed out by tins act, the -treasurer shall publish in one of 
the gazettes of this State, a notification, requiring all and singular the tax collectors 
who may be in arrears, to come forward and settle their accounts, and pay the balance 
tiiey may respectively owe, into the treasury within two months from the date of such 
notification, which shall be regularly published six weeks successively, stating the sums 
due by such collectors, their names and securities; and in case of failure to make settle- 
ment, and pay in the monies as, aforesaid, the treasurer is authorized and directed to issue 
his execution against every collector so in default, directed to all and singular the she- 
riffs of this State, and transmitted to the sheriff of the county for which the collector is 
tyinsuchca- appointed, who is required to levy the same immediately, if there is any property of the 
S€S * defendant's in the county, if not, to transmit the same to any other county where the 

defendants or either of them, may have property, and the sheriff of such other county, 
is in like manner to levy the same, and no execution issued by the treasurer in manner 
herein prescribed, shall be stayed by reason of the death of the said collector or his 
securities, as to the sum due, or the legality of the executioiio 

Collectors 

what to do, s EC . g5. Jlml he it further enatied, That the collectors to the several counties, shall 
ceivAh^tax^ before they receive the taxes from defaulters in their respective counties, ascertain and 
ers.° f dcfault "enter in a book to be kept for that purpose, the taxable property in default, and the 
amount of taxes due by such defaulter, an exact copy of which book or digest, they shall 
transmit to the treasurer, and another copy shall lodge with the receiver of taxes of 
Penalty for said county, who shall add the same to the digest previous to such collectors receiving 
omitting: the t j ie taxes from such defaulters, and in case any collector shall attempt to receive the taxes 
or any part thereof, from such defaulter or defaulters, before he shall transmit the afore- 
said digest to the treasurer and receiver as aforesaid, he shall forfeit double the amount 
so received, to be recovered by execution to be issued by the treasurer as in cases of de« 
fault, on information thereof to the treasurer* 

Former col- Sec. 26. Jlnd be it further enacted, That all former collectors in default, shall with- 
faStthehdu". in sixty days after the passing of this act; return a digest to the treasurer, and another 
£y» ^"di™! to the receiver of all monies received, or which they may receive from defaulters as afore- 
of monies by sa id, in the manner herein pointed out, and on failure thereof, shall be subject to exe- 
cution, and the penalties which collectors under this act are subject to. 



Justices of 

court n S?jus. Sec, 27. And he it further enacted, That on the first Monday in January annually, 
peSeto ekct the justices of the Inferior courts and justices of the peace of the respective counties of 



PASSED IN THE YEAR ISO*. 2w 



this State, shall be, and they are hereby authorized and required to elect the receiver or C^;^ 7 ^;) 
receivers of the returns of taxable property, (as the ease may he) for the time being, collectors, on 

the first Mon- 

and collectors of taxes in their respective counties. j ay in Jliriua . 

ry annually, 

Sec. 28. And be it further enacted, That it shall be the duty of the sheriff of the sberiffssd . 
respective counties of this State, and they-are hereby authorized and' required, when a ^f|g u t * 
sale shall have taken place under and by virtue of an execution issued by the treasurer 8 he possess!- 

„..•,,, i on of the pro- 

of the State, under the directions of this act, against any delaulUng tax collector, anu perty sold> & 

the property of such defaulting tax collector, shall have been sold for monies due the ^, JJ£P° s *jg: 
State, to deliver the possession of the property so sold, to the purchaser or purchasers person in pos> 
thercof 5 and if the said defaulter or any other person or persons who maybe in posses- 
sion of the said property so sold, shall refuse to deliver up the same upon being called 
on by the sheriff of the county for that purpose, it shall be the duty of such sheriff, and 
he is' hereby required to dispossess the said defaulting tax collector, or any other per- 
son or persons who may be in possession of the property sold, and deliver the same to 
the ourchaser or purchasers thereof, their agent or attorney, for Avhieh purpose if need- 
ful, he shall call on the commanding officer of the militia of the county, where the pro- 
perty is situated, to. render the necessary assistance^ who is hereby required to order out- 
the same. 

And whereas the tax act of the year one thousand eight hundred and two, requires 
no.i -residents either by themselves, or their agents, to give in their returns and pay their 
taxes, in the respective counties in which their lands lie : And whereas the tax law of 
one thousand eight hundred and three, intended in this regard to remove difficulties and 
inconvenience, about which latter act considerable doubts are entertained* 

Sec. 29. Be it therefore enacted by the authority aforesaid, That it shall and maybe Atiornies&r 

lawful for the agents, attornies, or representatives of non-residents to give in returns and residents to 

pay taxes for the lands of such non-residents in the county where such agent, attorney or 1 t Tiak ® t ?| ei3 [j l ; ea 

representative may reside, and where the provisions of the tax acts for the years 1802, county where 

s> o tnev hve and 

and 1803, solar as respects the- returns lor non-residents have not been complied with, not where the- 

the agents, attornies, or representatives of such non-residents, are hereby authorized to landlieSl 

pay to the tax collector of the county where such agent; attorney, or representative may 

reside, all taxes due on the lands of such non-residents, for *he said years 1802 and 1803, 

and the tax collectors are hereby directed so receive the same.* 

Sec. 30. Andbe it further enacted, That it shall be the duty of the sheriffs in each Duty of she. 
county, to receive from the tax collector therein, all executions that may be tendered to ? H1s in , e f cu ' 

•> tions deliver* 

~ ■ — . -, ■ — ed to them by 

* See act of 1809, No. 457, requiring lands to be given in by non-residents or their attornies, in the county Rectors, *£ 

rhere the land lies. S™. "*"" 

such cases, 



240 LAWS OF GEORGIA, 



(No. 175.) him for taxes, and to levy and collect the same, and to make due returns to the said col- 
lector within thirty days after the receipt of each execution, where personal property iy 
levied on, and where it shall he real estate sixty days ; for which the said sheriff, shall 
Duty of the receive such pay as by law is directed in cases of tax collectors executions, levies, and 

inferior court sil \ eSf an( j j n case f default or neglect of duty, the justices of each inferior court shall 

in carrying 1 in . ; .v, • 

to effect this from time to time, on the application ot the tax collector, make such rules and regular 
tions as shall cause a due execution of the collection of the general and county tax in each 
county as aforesaid, 

ABRAHAM JACKSON, Speaker of -.the House of Representatives* ■ 

JARED IRWIN, President of the Senate. 

Assented to, December 12, 180^ 

JOHN MILLED GE, Goyeknqe, 



(No. 176.) AN ACT - 

To amend, Jin. Act, entitled •'• Jin Jlat^for regulating the inspection of 7 , obacco. 9r 



UPrearnble 

HEREAS it has been found by experience, that the laws heretofore passed, are 
not sufficient to guard against the fraud and imposition, which too frequently takes plaee 
in the execution of the inspection laws, and that the prices allowed for storing tobacco is 
not sufficient to reward or compensate the different proprietors for the trouble and expense 
of keeping the ware-houses in sufficient repair* 

Sec, 1. BE it therefore enacted hi the Senate and House of Representatives of the Stati 
No inspec- •'.-'■'.'• a/ - " i 

tor or picker of Georgia in General Assembly met, That from and after the passing of this act, if any 

manufacture r inspector or inspectors, picker or pickers, belonging to any warehouse shall presume to 
tobacco while purchase or manufacture any tobacco, within the time for which he or they is or are ap* 

hi cither otnee - ... 

pointed, and being thereof convicted upon indictment in the superior court of the county, 

shall be incapable of ever after serving as inspector or picker, (as the case may be) m 

this State, and shall moreover be fined in a sum not exceeding five hundred dollars, one 

half to the informer, who shall prosecute, and the other half to the county. 

To take an Sec. 2. And he it further enacted. That each inspector and picker, before entering 
on the duties of his appointment, shall take and subscribe the following oath respective * 
lv. viz:— 



PASSED IN THE YEAR 1805. 241 



INSPECTOR'S OATH. (No. 176.) 

I DO solemnly swear, that I will diligently and eare fully view, examine and inspect 
all tobaeeo delivered me fo inspection at the ware house, whereof I am appointed in- 0atk 
spector, and that, not separate and apart from, but in presence of my fellow, and that I 
will not receive any tobacco that is not in my judgment, sound, well conditioned, and 
merchantable, and clear of trash ; and that I will cause to be burnt all tobacco which 
may be refused within two days after such refusal, and that I will not change, alter or 
give out any tobacco, other than such hogsheads or casks for which the receipt to be 
taken was given ,• but tliat I will in all things, well and faithfully discharge my duty in 
the office of an inspector, to the best of my skill and judgment, and according to the 
directions of this act, without fear, favor, affection, malice or partiality, and that 
I will not purchase or manufacture any tobacco during the time that I am appointed in- 
spector, either directly or indirectly. So help me God. 

PICKER'S OATH. 



Picker's oath. 



I DO solemnly swear, that I will carefully pick such refused tobacco that I may have 
charge of, and will faithfully, and truly make a return of the ncet proceeds thereof, 
without w aste or embezzlement to my knowledge, that I will not purchase any tobacco 
during the time that I am appointed picker, and that I will not be concerned in the man- 
ufacturing of tobacco, either directly or indirectly. So help me God. 

Sec. 3. JLnd be it further enacted, That the proprietors or owners of each ware 

u r r Proprietors 

house, shall be entitled to demand and receive for the storage of each hogshead of tobac- what compen- 
co inspected at their ware house, the sum of thirty one and a quarter cents : Provided cc i ve for their 
the said hogsheads does not lay longer in said ware house than one year ; and for every ware houses> 
month after the year, the owners or proprietors shall be entitled to charge, demand and 
receive the sum of eighteen and three quarter cents, which duty of storage shall be paid 
to the inspectors before the tobacco is removed from the ware house, and the inspec- 
tors shall pay over when demanded, to the proprietors or owners, the amount by them 
so received. 

Sec. 4. And be it further enacted, That the inspectors of ware-houses shall be lia- 
ble for any loss, damage or injury, which the owner of any hogshead of tobacco deposi- ^Jf^S! 
ted in the ware house may sustain, at the suit of the party injured, unless it shall be or in J ul 7 of 
made appear by the defendant that the loss, damage or injury was sustained by unavoida- 
ble accident. And if any loss, damage or injury shall be suffered or sustained by the £?s lS% to 
inspectors, from any neglect or omission by the proprietors, in not providing good and ins P- ct0M 
secure houses for the safe keeping of all tobacco deposited, the said proprietors shall 
be liable for such loss, damage or injury to the inspectors. 

G2 



212 LAWS OF GEORGIA, 



(No. 176.) Sec. 5. And be it further enacted, Tliat all former acts, or parts of acts, contrary or 
ciai)Sc. Pea inff repugnant to this act, be and they are hereby repealed. 

ABRAHAM JACKSON, Speaker of the House of Representatives. 
JARED IRWIN, President of the Senate. 
Assented to, December 2, 1805. 

JOHN MILLEDGE, Governor. 



( No - i77 -) AN ACT 

To amend an act, passed the seventeenth day of December;, l~9S, and an act passed the 
tenth day of December, 1803, regulating quarantine in the port of Savannah, and 
other places within the limits of the said city of Savannah. 



HEREAS it is highly expedient that the corporation of the city of Savannah should 
exercise the power of compelling vessels coming from ports or places, suspected to be 
rreamble. infected with contagious or malignant diseases, to perform quarantine ; and whereas 
doubts have arisen whether the said corporation is invested with such power under ex- 
isting laws, for the removal ef which doubts, 

Sec. 1. BE it enacted by the Senate and House of Representatives of the Slate of Geor- 
gia in General Assembly met, That from and after the passing of this act, it shall be 
of C sTr°annah n lawfid for the corporation of the city of Savannah, whenever they shall have reason to sus- 
to stop vessels p ec t that anv vessel or vessels, person or persons, has or have sailed, or come from anv 

arriving in . 

port, until port or place infected, or supposed to be infected with any malignant or contagious dis- 
puriaed. a " order, by resolution or order to require and compel the said vessel or vessels, so arriv- 
ing, or person or persons to come to anchor, or stop at any place by said resolution or 
order pointed out, until an examination is made by the health officer as to the state and 
condition of the said vessel or vessels, person or persons, and until sufficient purification 
shall have taken place, and a certificate of the health officer obtained to that effect. 

Sec. 2. And be it further enacted by the authority aforesaid, That all and every part 
or parts of the above recited acts, not repugnant to this act, shall be and is hereby de- 
clared to be in full force. 

ABRAHAM JACKSON, Speaker of the House of Representatives. 
JARED IRWIN, President of the Senate. 
Assented to, December 2, 1805. 

JOHN MILLED GE, Governor. 



PASSED IN THE YEAR 1805. 243 



AN ACT (No. 178.) 

To alter and amend an act, entitled, « Jin Act for the letter regulation of the toivn of 

Snnbury." 



HEREAS the justices of the peace in the county of Liberty have neglected to 
hold an election for commissioners of the town of Sunbury, to the great injury of the 
said town — for remedy whereof, 



Preamble, 



Sec. 1. BE it enacted by the Senate and House of Representatives in „ J 



An election 
commissi- 



General Assembly met, That so soon as may be, after the passing of this oners to be 
act, the justices of the inferior court for the county of Liberty, shall be authorized and town f s im - 
required to call an election for that purpose, giving ten days notice of the same at the 
most public place in said town. 



burv. 



Sec. 2. And be it further enacted, That in case of failure at any future period to Provision in 

. . ii*i caSe °f fat-tire 

elect commissioners on the day pointed out by the above recited act, it shall be the duty failures to 

of the inferior court, on being informed of such failure, to advertise an election as ° e ectlons 
aforesaid, which shall be held and conducted in the same manner, and under the same 
regulations, as elections are by law held in like cases, any thing to the contrary not- 
withstanding. 

ABRAHAM JACKSON, Speaker of the Home of Representatives. 
JA11j£D IRWIN, President of the Senate. 

Assented to, December 2, 1805. 

JOHN MILLEDGE, Governor. 



AN ACT 



To authorise and empower the Mayor and Aldermen of the city of Savannah, to assess 
and levy a tax for the purpose of establishing a regular watch in the said city. 



(No. 179.) 



HEREAS the present manner of guarding the city of Savannah under the pat- Pream bk. 
role law, is found by experience not to afford the necessary protection, and to operate 
unequally and injuriously on the inhabitants— for remedy whereof, 



LAM'S OF GEORGIA, 



(No. ±79.} Sec. 1. BE it enacted by the Senate and House of Representatives of the State of 
Georgia in General Assembly met, and it is enacted by the authority of the sum?, 

ftltenoen S* ^ * iat Jt siia11 aa(i may be lawful for tue ma y or aad aldermen of the city of Savanna]),, as 

Savannah to speedily as may be after the passing of this act, to raise and establish a regular watch, to 

/Lid city, consist of such number of men as they shall deem sufficient for the security and protec 

tion of the said city, which Match shall be under the superintcndance, controul anddiree* 

tion of the mayor and aldermen, or such other person or persons as they shall or inav 

nominate and appoint to superintend and direct the same. 

Sec. 2. Jlnd be it further enacted by the authority aforesaid, That for the purpose 
of paying and maintaining the said watch, it shall and may be lawful to and for the 

JMuv assess 

a tax for that mayor and aldermen of the said city, and their successors in office, to assess and levy, 
and they are hereby authorized and empowered to assess and levy an annual tax on all 
persons and property within the said city liable to pay tax by the general tax laws, which 
tax shall be assessed and levied in such manner as the said mayor and aldermen shall 
deem most advantageous and least inconvenient or burthensome to the citizens. 

Sec. 3. And be it further enacted, That from and after the establishment of the 
After the said watch, the operation of the patrole laws in the said city of Savannah, shall cease 

watch is es- 
tablished pat- and determine, 

roie law in the 
city to cease, 

ABRAHAM JACKSON, Speaker of the House of Representatives, 
JARED IRWIN, President of the Senate. 
Assented to, December 2, 1805. 

JOHN MILLEDGE, Governor, 



(No. 180>) 



AN ACT 

For the better regulation of the town of Larien. * 

bEC. i. j-j j, ^ enac f C( j iy u le Senate and House of Representatives of the State 

of Georgia in General Assembly met, That the town of Darien, laid out on the river 

The town of Alatamaha, in the county of M'lntosh, shall be, from and after the passing of this act, 

under" the C di- veste< l i* 1 ^ ive commissioners, and that William A. Dunham, Virgil H. Vivion, John L. K. 

rection of Holzendorf, George Street and Scott Cray, be appointed commissioners thereof, who, or a 

commission- 

eis and they __ . , , , 

appointed. 

* See act of 1808, No. 387, further to regulate. 






PASSED IN THE YEAR' 1805:, 245 



majority of them are kereb y authorized and required, within twelve months after the (No. 180.) 
passing of this act, to transmit to the surveyor general a fair and correct copy of the 
plan of said town, by him to be recorded in the office of the surveyor general of this State. 



Vacancies of 
commission- 



Sec. 2. And be it further enacted, That in case of death, resignation, or refusal 
to act, of any of the said commissioners, his excellency the governor is hereby author- ers how to bt 
ized and empowered to appoint some other person or persons in his or their room. 

Sec. 3. And be it further enacted, That the commissioners so appointed, shall have fa ^J,™^? 6 
full power and authority, over all streets, allies, lanes and wharves, and to make such 
bve-law9 and regulations, and inflict and impose such lines and forfeitures as shall be 
conducive to the good order and government of the said town, provided such bye-laws 
and regulations be not repugnant to the laws and constitution of the State. 

Sec. 4. And be it further enacted, That it shall and may be lawful for the said com- May levy » 

tax for the use 

missioners or a majority ol them, yearly and every year, to make, lay and assess a rate f the said 

or assessment upon all and every person or persons who do or shall inhabit, hold, use, town " 

occupy, possess or enjoy any lot, ground, house, building, tenement or hereditament 

within the limits of the town of Darien, for raising such sum or sums of money as the 

said commissioners or a majority of them shall judge necessary for and towards carrying 

this act into execution ; and in case of a refusal or neglect to pay such rate or assess- Mann - ' 

ment, the same shall be levied and recovered by warrant of distress, and sales of the collecting 

said tax. 
offenders goods, under the hands and seals of the said commissioners or a majority of them* 

Sec. 5. And be it further enacted, That the commissioners or a majority of them are 
hereby authorized and empowered to appoint a elerk, treasurer and constables, (affix- theiTownoffi 
ing the salaries and fees of such officers respectively) as shall appear to them requisite 
and necessary, for carrying into effectual execution all the bye-laws, rules and ordinan- 
ces they may make, for the good order and government of the said town and the persons 
residing therein. 

ABRAHAM JACKSON, Speaker of the House of Mepresentatives. 
JARED IRWIN, President of the Senate. 
Assented to, December 2, 1805. 

JOHN MILLEDGE, Governor 



eers. 



2tfl 



LAMS OF GEORGIA, 



(No. isi.) AN ACT 

To establish a ware house and inspection of Tobacco on lands of John I). Terrell 
on Tugaloc river, in Franklin county. 

Sj>c 1 i^ 
T ■ . ' ' M3F.il enacted by the Senate and House of Representatives of the State of 

spectionestTb Georgia, in General Assembly met, That there shall he an inspection of tobacco and a 

c l >V Sh To d h°nD nd5 ware house established on lands of John D. Terrell, on Tugaloe river, in Franklin 

Terrell, i n county, on the Bluff which borders on the Indian shoal below Mulliii's ford, the nlace tn 
i- ranklm coun , ,, ,-„,■.,, • * lu 

\y. be called Wilton, 

Commissi- Sec. 2. And be it further enacted, That James H. Little, Thomas P. Carnes Lark- 

onevs appoint- -. „., , 

ed to lay off a bo Cleveland, and John D. Terrell, be appointed to lay off the same ; which said ware, 
sfme thS house s,m ll ^ e subject to such rules and regulations as other ware houses in this State 
now are, or hereafter maybe. 

ABRAHAM JACKON, Speaker of the House of Representatives. 

JARED IRWIN, President of the Senate* 

Assented to, December 3, 1805. 

JOHN MILLED GE, Governor. 



(No. 182.) 



AN ACT 

To repeal an Act, entitled " An Act to establish an academy, or seminary of learn 
ing at Sunbury, in the county of Liberty so far as respects commissioners. 

Preamble. T? HEREAS the said act authorized an addition of two commissioners to the for- 
mer number, in consequence of which, great injury will result to the institution. 

Sec. 1. BE it therefore enacted by the Senate and House of Representatives 

in General Assembly met, and by the authority of the same, That from and 

after the passing of this act, the number of commissioners shall be but five, and 

Sunbury aca- and that those five now in office, or a majority of them, shall have all the powers to 
demv. 

act in all things respecting said academy, that were given the former seven comnmus- 

sioners. 



* 



But five com- 
missioned to 



PASSED IN THE YEAR 1805. 3*7 



Sec. 2. And be it further enacted, That so much of the hefore recited act, as may (No. 182.) 
militate against this act, he and the same is hereby repealed. rlau8e . 

ABRAHAM JACKSON, Speaker of the House of Representatives. 
JARED IRWIN, President of the Senate, 

Lssented to, December 3, 1805. 

JOHN MILLEDGE, Governor. 



AN ACT* (No. 185.) 



Vo authorize the justices of the inferior court of Franklin county, to lay an extra 
tax for the purpose of bailding a court-house and jail in said county, and making 
permanent the seat of the public buildings in said county. 



,BC * 1 * Jj E it enacted by the Senate and House of Representatives of the State of Geor- jfetra tax A- 
hi, in General Assembly met, That the justices of the Inferior court for the county of lin county .for 
franklin, are hereby authorized to impose a proportionate extra tax on the inhabitants in" s . ° 
if said county, annually for the term of three years in succession, not exceeding one 
noiety of the annual general tax, which said tax shall be collected in the same manner 
is the general tax ; out of which sum, the tax collector shall be entitled to receive two 
md one half per centum for his services and the monies so arising from the extra tax, as 
iforesaid, shall be appropriated as a part of the county funds, for the special purpose of 
milding a court house and jail in said county. 

Sec. 2. JLnd be it further enacted, That the justices aforesaid, shaI2 within six months ii/gs to be let, 
"rem the passing of this act, let the said buildings by publie outcry to the lowest "« ; ritef ,yille ' 
bidder, at the place contemplated, for said buildings to be erected, which shall be at 
Carnesville, after giving twenty days public notice, any law to the contrary notwith- 
standing. 

ABRAHAM JACKSON, Speaker of the House of Representatives. 
JARED IRWIN, President of the Senate. 
Assented to, December 3, 1805. 

JOHN ftHLLEDGE, Governor. 



See act of 1806, No. 224, altering and repepealing this act. 



2iS L&WS OF GEORGIA, 



(No. 18*.) AN ACT 

To increase the funds of the Independent Presbyterian Church in the city of Savannah. 

Preamble. "fHST" 

? T HEREAS the Independent Presbyterian Congregation of the city of Savannah* 
did, under the provincial government, obtain in the said city a lot, known in the plan of 
said city by letter K. to build thereon a church to be denominated the Independent 
Presbyterian Church, which was accordingly built and remained dedicated to the serviee 
of the Almighty God, until the same was destroyed by fire. 

And wherbas, there is not at present any successors of the original trustees of said 
congregation alive, authorized to take upon themselves the charge and care of said 
church lot, and execute religious ohjeets and desires of said congregation, excepting 
Barrach Gibbons, esq. who has the uncontrolled government, management and diposU 
tion thereof. 



Commission- 



BE it therefore enacted, That Joseph Bryan, and Josiah Gibbons Telfair, be, and 
ers appointed they are hereby appointed as trustees in aid and addition to the said Barrach Gibbon?, 
erBi € " to continue in office, to encrease the funds and to rebuild the church on lot K. to be 

denominated and known by the Independent Presbyterian Church in the city of Sa- 
vannah,* 

ABRAHAM JACKSON, Speaker of the House of Representatives, 
JARED IRWIN President of the Senate. 
Assented to, December 3, 1805. 

JOHN MILLEDGE, Governor. 



AN ACT 
(No. 185.) Tq aUer and clmnge tne name ^ Thomas Kyes, to that of Thomas Allen. 

W HEREAS by the petition of William Allen, it doth appear that he hath lately inter- 
married with Sarah Kyes, the mother of a male child, known by the name of Thomas 
Kyes, of which child he is the reputed father : And whereas it is the wish of said 
Allen, that the name of the said child, be altered and changed to that of Thomas 
Allen. 



Preamble. 



* See act of 1806, No. 249. section 6th repealing this act 



PASSED IN THE YEAR 1803, 3*9 



BE it therefore enacted by the Senate and House of Representatives of ihe Slate of (No. 185.] 

Georgia, in General Assembly met, and it is enacted by the authority of the same. That Thojnasivye^ 

from and after the passing of this act, the said child now called Thomas Kyes, shall b f?? di *^f s 
be called and known by the name of Thomas Allen. 

ABRAHAM JACKSON, Speaker of the House of Representatives* 

JARED IRWIN, President of the Senate, 

Assented to, December 3, ±80$. 

JOHN MIIXEDGE, Governok, 



. AN ACT (No. 186.) 

jTo alter and change the name of Daniel Sharp, to Daniel Nunez, 

HEREAS Daniel Sharp of Burke county, by his petition to the legislature, set. 
ting forth that he is the son of Mary Sharp, deceased, by his reputed father Samuel 
Nunez, and praying that he as well as his wife Nancy may bear his name. 

JSJE it enacted by the Senate and House of Representatives of the State of Georgia in 

General Assembly met, and by the authority of the same, That from and immediately DamelSharps 
v J j j * j name changed 

after the passing of this act, it shall be lawful for the said Daniel Sharp, and his wife 
Nancy, to take, be called, and known by the name of Daniel Nunez and Nancy Nanez. 

ABRAHAM JACKSON, Speaker of the House of Representatives, 

JARED IRWIN, President of the Senate, 

Assented to, December 3, 1805. 

JOHN MILLEDGE, Governor 

-Hs 



250' 



LAWS OF GEORGIA, 



(No. ±87.) 



Preamble, 



An extra tax 
allowed 
Wilkes for. 
county 
purposes. 



AN ACT 

To authorize the justices of the inferior court of the county of Willies, to levy and 
collect an extra county tax, for county purposes, . 

VT HEREAS the public jail of Wilkes county stands in need of considerable repairs*, 
and the provision heretofore made for the poor of said county has proved to be insuffici- 
ent — for remedy whereof, 

BE it enacted by the Senate and House of Representatives of the State of Georgia, 
hi General Assembly met, That the inferior court of the county of Wilkes be, and are 
hereby authorized to levy an extra tax upon the inhabitants of the said county, equal to- 
one seventh part of the general tax for the year 1805, wliich said county tax, shall be 
collected by the collector of said county for the year aforesaid, and by the said collector 
shall be paid to the said inferior court, for the purposes and uses herein after mentioned, . 
viz ;— So much of the said money as shall be necessary to put the said jail in a complete 
state of repair, shall by the said court be applied for that purpose, and the remainder of 
the money so collected and paid oveiy shall by the said court be applied to the mainte- 
nance and support of the poor of said county,, 



ABRAHAM JACKSON, Speaker of the House of Representatives* 
JARED IRWIN, President of the Senate. 
Assented to, December 3, 1805. 

JOHN MILLED GE, Goyeknoe, 



™ ;.w\ AN ACT' 

(No. 188.) 

To secure to churches or religious societies, the lots of land conveyed to them for erecting 

churches and meeting houses, 

'jLJE it enacted by the Senate and House of Representatives of the State of 

Conveyances Georgia, in General Assembly met, That all deeds of conveyance heretofore made, and 

b"r n tofbr Ur ° h which -may hereafter be made by any person or persons, for any lots of land within this 

hereafter to State, to any church or religious society, or to trustees for the use of any church or reli- 

fce made good ', , 

and valid, gious society, for the purpose of erecting churches or meeting houses, are and shall be 



PASSED IN THE YEAR 1800. 251 



mi. 



deemed and taken to be good and valid, and available in law, for the intents, uses and (No. 188.) 
purposes contained in such deeds of conveyance : and all lots of land so conveyed, shall 
be fully and absolutely vested in such church or religious society, or in their respective 
trustees, for the uses and purposes in the said deed expressed,* to be holden to them or 
their trustees for their use, by succession, according to the mode of church government, 
<or rules of discipline exercised by such churches or religious societies respectively. 

Sec. 2. «i!nt& be it further enacted by the authority aforesaid, That all trustees, to 
whom conveyances are or shall be made for the purposes herein before expressed, shall Said church- 
be subject to the authority of the church or religious society, for which they hold the p 0We ° toTeV 
same in trust, and may be expelled from the said trust, by such church or society, ac- juate the same 

* t "by themselves 

cording to the form of government or rules of discipline by which they may be governed, or trustees, 
And every church or religious society shall be, and they are hereby authorized and em- c j es t i iey ma y 
powered to fill up all vacancies which may happen in the said trusts, by death, removal j> 
expulsion or otherwise ; and when any vacancy shall be filled up, the same shall be certi~ 
fied under the hand or hands of the person or persons presiding in the said society, and ac- 
cording to the form of government or discipline practised by the said church or society j 
which certificate shall express the name of the person appointed to fill the vacancy, and 
the name of the person in whose place he shall be appointed, and the said certificate being 
recorded in the office of the clerk of the superior court of the county in which the land 
lies j the persons so appointed to fill such vacancy, shall be as fully vested with such trust, 
9 s if a party to and named in the original deed. 

ABRAHAM JACKSON, Speaker of the Mouse of Representatives 

JARED IRWIN, President of the Senate, 

Assented to, December 3, 1805. 

JOHN MILLEDGE, Govbknoe, 



AN ACT 



(No. 189.) 



For the letter regulation and government of the town of Sparta, m the county of Hancock, 

Sec. 1. 1-J 

_tJE it enacted by the Senate and House of Representatives of the State of Commission. 
Georgia m General Assembly Met, and by the authority of the same, That Thomas Lan- ^&gT* 



352 iiAWS OF GEORGIA* 



(No. 189.) caster, Archibald Martin, James H. Jones, Samuel Hall and Willie Abererombie, be, 

and they are hereby appointed commissioners of the town of Sparta, and that they or a 

majority of them shall immediately after the passing of this act, convene and proeeed to 

the appointment of a clerk and such other officers as they may deem necessary to carry 

this act into execution. 

Sec. 2. And be it furtfier enacted by the authority aforesaid, That the said com* 
Commission- . . , „ , , , . . . . 

ers elective, missioners shall hold their respective appointments hereby given, until the first Monday in 

era. CXr P ° W " J aTiuar y? in the year 1807, at which time, and on every subsequent first Monday in January 
thereafter, the citizens of "Sparta, entitled to vote for members of the general assembly, 
shall convene at the court house in said town, and there, between the hours of ten and 
two o'clock of the same day, choose by ballot five freeholders as commissioner* of said 
town, and they, or a majority of them, shall have, and are hereby vested with fuU 
power and authority to make such bye-laws and regulations,, and impose such fines and 
forfeitures as in their judgment shall be conducive to the good order and government of 
the said town of Sparta: Provided, That such bye-laws and regulations be not repug- 
nant to the laws and constitution of this State. 



Proviso. 



ABRAHAM JACKSON, Speaker of the House of Representatives. 
JARED IRWIN, President of the Senate. 
Assented to December 3, 1805* 

JOHN MILLEDGE, Governor. 



AN ACT 

l90 '' To alter and eliange the names of Betsey Burton, Sally Burton, and Matilda 

Burton, minors, 

Preamble ^/y HERE AS Solomon Page, hath set forth, that he is the reputed father of Betsey 
Burton, Sally Burton and Matilda Burton, and being desirous that they should bear 

his name : 

BE it therefore enacted by the Senate and House of Representatives of the State of 
Betsey, Sal- Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, 
S^S' That from and immediately after the passing of this act, .that it shall be lawful for the 
chanff * said Betsey Burton, Sally Burton and Matilda Burton, minors, to take, and be called 
and known by the names of Betsey Page, Sally Page and Matilda Page. 

ABRAHAM JACKSON, Speaker of the House of Bepre&entatives^ 
JARED IRWIN, President of the /Senate 
Assented to, December 3, 1S05. 
JOHN M1LUEDGE, Governor. 



names 
ed. 



PASSED: IN THE YEAS 1805, 



AN ACT (No, ±91*) 

T<o authorize the justices of the- inferior court of the county of Bryan, to levy a county 
tax, not exceeding, one third part of the general tax, and to authorize the said court to 
collect the monies wising from the rents of the glebe land in said county, and to appro- 
priate the same to the defraying county expenses. 



,ec. a. J£^e n enac i e( i iy fj ie Senate and House of Representatives of the State of 
Georgia in General Assembly met and by the authority of the same, That the justices of Anext«ataa 
the inferior court of the county of Bryan, or a majority of them, he, and they are allow t ed fBa ~ 
hereby authoriaed and empowed to levy a county tax on said county, not exceeding the an for county- 
one third pari of the general tax, and the tax collector of said county shall collect said 
tax in the same manner, and shall receive the same compensation, in proportion as 
he does the general tax. 

Sec. 2. And be it further enacted, That the said justices of the said court, be* and Rents of the 
they are hereby authorized and empowered to collect and receive all or any monies that flt^a^ 5 
is or may become due said county, arising from the rents of the glebe lands as aforesaid, county purpe- 

Sec. 3. And be it further enacted, That the said j'ustices of the said inferior court, Monies how 
be authorized to dispose of the monies arising from the tax and rent aforesaid, to the applied 
defraying the county expenses, to wit: clerks of the courts, sheriff, repairing a court 
house, Jail, bridges and poor* 

Sec. 4. And be it further enacted by the authority aforesaid, That all laws or parts Repeali^g- 
of laws heretofore passed, that militates against this act, be and the same is hereby clause 
repealed, 

ABRAHAM JACKSON, Speaker of the House of Representatives* 

JARED IRWIN, President of the Senate. 

Assented to, December 4, 1805, 

JOHN MILLEDGE, Governor, 



254 SLAWS OF GEORGIA; 



(No. 192.) AN ACT 

To amend and continue in force « Jin Act to raise a tax for the support of government 
for the year one thousand eight hundred and five," until the meeting of the next Gene* 
toI Assembly, and from thence until the same shall be repealed. 



Tax act of g EC a 

1805 continu- * ' JjE it enacted by the Senate and House of Representatives of the State of 

Georgia, in General Jlssembly met, and by the authority of the same, That the act to 
to raise a tax for the support of government, for the year one thousand eight hundred 
and five, with the amendments hereinafter expressed, be, and the same is hereby decla- 
red to be in force until the meeting of the next General Assembly, and from thence 
until the same shall be repealed* 

Clerks of the Sec. 2. Jlnd be it further enacted by the authority aforesaid, That the clerks of the 
superior superior courts shall not be at liberty to receive any return of taxable property as direc- 

lowed to re- ted in the before recited act ; but it shall be the duty of the clerks of the inferior courts 
but inferior ' in * ne different counties, at any time before a digest of the taxes shall be completed, (and 
court clerks not a ft er ) on application on oath, which shall be the same and administered by the said 
f-their duty, clerk, as pointed out in the act aforesaid, and shall keep a regular list of the names and 
property of the person or persons so giving in, and by him to be returned in the digest 
deposited in his office, and a certified copy to the receiver of tax returns by him to be 
entered in the books to be put in the hands of the collector and deposited in the comp- 
troller's office.* 

Sec. 3. Jlnd be it further enacted by the authority aforesaid, That there shall be a 
tax of two and an half per cent,f levied and collected on the amount of capital of any 
Bank stock band or banks, office or offices of discount and deposit within this State, and the further 
dSy oFrecef- sum of one half per cent, on the amount of bills issued from any such bank or office of 
kctorTln^J* dis count and deposit, over and above the amount or capital as aforesaid, which shall be 
e *sing and returned on oath by the cashier or directors thereof, and collected and paid into the trea- 
sury of this State, by the tax collector of the county in which such bank or office of 
discount and deposit is or may be established, in the same manner as pointed out in and 
by the aforesaid act, and if the cashier or directors of any such bank or office of dis- 
count and deposit, shall neglect or refuse to give in the amount of capital, or bills as 
aforesaid, it shall be the duty of the receiver of tax returns and the collector of taxes, 
to proceed against such cashier or directors in the same manner as against persons in 



collecting the 

same 



* See act of 1808,,, No. 340, section 1, supplemental to this section. 

| See act of 1806, No. 222, reducing this tax upon bank stock, to 31 1-4 cents per hundred dollars, on the 
amount »f capital— provided the directors will return the same to the receiver, and see act also of the same yeai^ 
jib. 267, section 6, establishing unconditionally this sum as a tax on said bank. t 



PASSED IN THE YEAR 1804. %$$ 



default, or who have neglected or refused to return the amount of taxable property by (No* 102.) 
him, her or them claimed, and if no property can be found belonging to the proprietors 
or share holders of such bank or office of discount and deposit, whereof the amount of 
tax can be levied as returned by the cashier or directors, or assessed by the receiver of 
tax returns in case of default, the e&shier and directors of such bank or office of discount In certain 
and deposit are hereby declared and made liable and answerable in their own private fault the cash- 
capacity, and the tax collector is hereby authorized and required immediately to pro- toUTiabklv 
ceed by levy and sale, as pointed out by the aforesaid act, against the private property dmdualiy, 
such cashier and directors, until the whole amount is collected. . 

Sec. 4. JLndbt it further enacted , That the collectors of taxes for the counties of 
Wayne, Wilkinson, and Baldwin, shall give bond with sufficient security as follows : 

Collectors in 
For the county of Wayne, in the sum of one thousand dollars; for the county of Wayne, Wii- 

Wilkinson, in the sum of four thousand dollars ; and for the county of Baldwin in the Baldwin^to 

sum of five thousand dollars, and shall subscribe and take the oath as laid down by the s ive kond and 

security, how 

said tax act, and the receivers of tax returns for the said counties, shall give bond and much in each 
sufficient security in the sum of two thousand dollars, to be taken by the justices of the C( xn >• 
inferior courts of their respective counties* which said tax collectors and receivers shall Receivers al 
be appointed by the justices of the inferior courts of the said counties, on the first Mon- 
day in January next, and all lands lying within the said counties, shall be subject to the When both 
said taxes as other lands of the same quality in the adjacent counties. ed. 

ABRAHAM JACKSON, Speaker of the House of Representatives* 

. JARED IRWIN, President of the Senate,. 

Assented to, December &> 1805, 

JOHN MILLEHGE, Governor, 



AN ACT (No, 193.) 

To repeal the latter part of the second section of the act to make distribution of the lafc 
cession of land obtained from the Creek nation by the United States' commissioners, 
in a treaty enteredinto the ±6th day of June, 1802, and the 3d section of an act to 
compel trespassers on thelands south of the Oconee, lately ceded by the Creek Indians, 
to return ivithin the settled limits of the State, 

JJE it enacted by the Senate and House of Mepresentaiices of the Slate of 
&corga, in General Assembly, met, and by the authority of the same, That the. latter 



:&$6 



LAWS OF GEORGIA* 



(No. 193.) 

Part of the 
act of 1802, 
distributing- 
the land* ob- 
tained from 
the-Creek na- 
tion repealed. 



And part of 
the act rela- 
tive to trespas 
sers on said 
lands also re- 
pealed, 



part of the second section of the act to make distribution of the late cession of land ob- 
tained from the Creek nation, by the United States' commissioners, in a treaty entered 
into at or near Fort Wilkinson, on the sixteenth day of Jane, 1802, that is to say, 
s< reserving nevertheless, to the fortunate drawers, respectively, of the tracts or sec- 
" tions of land adjacent to such fractional parts of surveys or islands, a preference for 
" twelve months from and after the completion of the drawing -of the lottery content- 
" plated by "this act, and the right to purchase such fractiosal parts of surveys or islands 
" at such rates as may be stipulated by law, except such islands as contain above one 
" hundred acres, which shall be drawn for in the manner pointed out by this act;'* 
and the third section of the act to compel trespassers on the lands south of the Oconee to^ 
return within the settled limits of the State, be and the same is hereby repealed. 

ABRAHAM JACKSON, Speaker of the House of Representatives* 
JARED IRWIN, President of the Senate* 
Assented to, December 5, 1805„ 

JOHN MILLEDGE, Goveenok. 



(No. 194.) 



Extra tax 
allowed 
Greene for 
county puroo- 
<?es„ 



AN ACT 

To authorize the justices of the inferior court of the county of Greene, to lay an extra, 
tax for the purpose of erecting a court-house and jail, and establishing the site thereof 
in the town of Greenesborough. 

Sec. 1. 



HE it enacted by the Senate and House of Representatives of the State of 
Georgia in General Assembly met, That the justices of the inferior court for the county 
of Greene, are hereby authorized and required to impose a proportionate extra tax on 
the respective inhabitants of said county, annually for the term of three years in succes- 
sion not exceeding the one half of the annual general state tax^of each inhabitant, which 
said tax shall be collected in the same manner and under the same restrictions, as are 
laid down for the collection of the general tax of this State, and when a sum so collected 
shall amount to five hundred dollars, it shall be the duty of the justices aforesaid, to 
contract with some fit and proper person or persons, to build a convenient court-house, 
and a sufficient jail in said county, and the monies so arising from the extra tax as 
aforesaid, shall be appropriated for the special purpose of paying for and compleatiiig the 
aforesaid buildings, 



PASSED IN THE YEAR 1805, 257 



Sec. 2. And be it further enacted. That the site of the said court house and jail, (No. 194.) 
shall be, and the same is hereby established in the town of Greenesborough. the site of pub 

lie buildings. 

ABRAHAM JACKSON, Speaker of the House of Representatives, 
JARED IRWIN, President of the Senate. 
Assented to, December 5, 1805. 

JOHN MILLEDGE, Governor. 



AN ACT* 

(No. 195.) 
To amend an Act, entitled « an Act to regulate escheats" 

xJ E it enacted by the Senate and House of Representatives of the State of 

■. . /. , ™, The duty of 

Georgia, in General Assembly met, and it is enacted by the authority of the same, That the court of 

from and after the passing of this act, it shall be the duty of the court of ordinary delXofan^ 

when any alien, resident or non-resident, shall depart this life, intestate and without lien > intestate 
£ ' .:'■: r . and without 

heirs in this State or the United States, to cause the estate and effects of such alien, with- heirs. 
out delay, to be safely collected, and a just and true inventory and appraisement there- 
of to be made, and after giving twenty days notice by advertisement in one of the public 
gazettes of this State, and at two or more public places in the county where such alien 
shall die, shall cause the said estate to be sold at public auction, and the proceeds of 
such sale to be paid into court, to be applied and disposed of in manner hereinafter 
mentioned. 

•Sec. 2. And be it further enacted by the authority aforesaid, That after such sale 
; as above mentioned, shall have taken place and the proceeds paid into court, it shall done'with'the 
be the duty of the said court of ordinary, and the said court is hereby required to cause money arising 

ii. ».»!• m ' 'A « ii i fr° m tne Sale 

public notice to be given by advertisement for the creditors of such deceased, to come f his effects, 

forward within twelve months after the publication of such notice, and prove their 

debts to the satisfaction of the said court; and after the expiration of the said twelve notice to be 

months, the said court shall proceed to examine and ascertain the total amount due such ors. en 

creditors, and shall pay and satisfy each of the said creditors in whole or in part, as the 

estate of the deceased will admit, and the overplus, if any, shall be, after suchfpay- in proportion 

ment as aforesaid, shall be disposed of as is directed by the escheat law. to the funds. 

* Thii act and the act of 1801, amended and explained by wx wi 1510. No. 5>6\ 



m tAWS OF GEORGIA* 



(No. 195.) Sec. 3. And be it further enacted, .That the several esehcators of tins State, who 

to deHvSver have or ma y hereafter have or receive any monies arising from the sales of such estates 

coulter™- as aforesaid * sha11 ll P on the requisition of the court of ordinary of the county, pay such 

nies they have monies into the said court within twenty days after he shall be required so to do hv the 

eollec tccl by 

virtue of the said court; and hi default thereof, shall forfeit and pay double the sum which such 
u'™ ICCU2at cscheator shall have received and have in his hands as aforesaid, to be recovered by 
action of debt in any court having jurisdiction thereof 

Sec. 4. And be it further enacted, That the aet « to resrulaie escheats," so far as tht 

■Repealing ^ 

clause. same militates with this aet be, and the same is hereby repealed* 

ABRAHAM JACKSON, Speaker of the Home of Meprcsentativee* 
JARED IRWIN, President of the Senate, 
Assented to, December 5, 1805. 

JOHN MILLEDGE. Governor/ 



(No. 106.) '^ N ACT 

To repeal an Act entitled " An Act, for inflicting penalties on, andconjiscaling the ei- 
tates of such persons as are therein declared guilty of treason, and for otlwr purpo- 
ses therein mentioned," so far as relates to the banishment of John B.oykin, sen'r. 



Joim Boy- Jj E it enacted by the Senate and House of Representatives of lite State of 
from confisca- Georgia, in General Assembly met, and by the authority of the same, That so much of 
Sbinca?. tan *^ ie ' ,efore re cited act as respects the banishment of J»hn Boy kin, sen'r. of Scrivem 
county, be and the same is hereby repealed. 

ABRAHAM JACKSON, Speaker of the Boust of MeprmntoM'm* 

JARED IRWIN, President of the Senate* 

toented to, December 5, 1805* 

JOHN MIIiLEDGE, Governor 



PASSED IN THE YEAR 180& *59- 



AN ACT (No. 197.) 

3^0 aifer and ame?icl an act respecting Vendue-Masters, so far as to authorize the ap- 
pointment of another Vendue-Master in the city of Augusta, and in the town of St 
Mary. 



HERE AS it is represented to the legislature,- that it is necessary to increase the Prea 53 ^!* 
number of Vendue-Masters in the city of Augusta, and in the town of St. Mary. 

BE it therefore enacted by the Senate and House of Representatives of the State of A ",p ist , a f 
Georgia in General Assembly met, That henceforward the said city of Augusta and town of lowed anoth- 

ci* "Vendue™ 

St. Mary, shall be entitled to have two Vendue-Masters, to be appointed by joint resolution master each. 
of both branches of the legislature, and who shall in all respects proceed and conduct 
themselves in conformity to the acts heretofore passed for regulating vendues, for and 
during the time they may be in office, 

ABRAHAM JACKSON, Speaker of the House of Representative, 

JARED IRWIN, President of the Senate, 

Assented to, December 5, 1805, 

JOHN MILLED GE, Goverxok, 



AN ACT (No, i$$o) 

To alter and amend an Act, entitled an. let to carry into effebt the sixth section of the 
third article of the constitution, audio amend an Act entitled an Act to carry into ef- 
fect the sixth section of the fourth article of the constitution, touching the distribution 
of intestate estates, directing the manner of granting letters of Administration, letters 
Testamentary, and Marriage Licenses , and to prevent entails, passed ontlwl6th day 
of February, ±799^ 



Sec i. 

J3E it enacted by th& Senate and House of Representatives of the State Courtofor, 
of Georgia in General Assembly nut, That a court of ordinary be held in every eouHty et^twV* 
of this State, on the first Monday in January next, and on the first Monday in every se- SSeS* 
wad month thereafter | and if -it shall bethought necessary by such court, atanyterw thefir**ofj« 



260 LA\T3 OF GEORGIA, 



(No. 198.) thereafter, it may adjourn to the first Monday* in the month thereafter; except the 
county of Camden, where it shall be the duty of the justices of the inferior court to hold 
a court of ordinary immediately after the adjournment of the inferior court of said 
county, and to adjourn said court of ordinary to such time as they may deem necessary. 

Sec. 2. Jlnd be it further enacted, That no administrator shall be allowed to sell 
toS"?. any slave or slaves, belonging to the estate of his intestate, but where the other per- 
less other per- sonal estate, together with the hire of such slave or slaves for twelve months, shall be 

soricil effects 

win not satis, insufficient to discharge the debts, due by the estate, or where one or more slaves shall 
where they^ ^ e su ^J ect *° distribution, and an equal division thereof cannot be made in kind, it shall 
cannot be di- be lawful for the court of ordinary, by which administration was eranted, to direct the 

videdbetween 

distributees, sale of such slave or slaves, Provided ahvays, that such distributee, or his, her or 
their guardian shall receive twenty days notice, in writing, previous to the granting of 
such order, to shew cause if any he or they can, against such sale. 

Administra- Sec. 3. Jlnd be it further enacted, That from and after the passing of this act, it 

J^opeJtyaV P sna11 be tne dut y of a11 administrators, of sales to be made by them, to put up the pro- 

sales to the perty to be sold in such manner and quantity as shall be deemed most advantageous to 

age. said estate. 

■ Sec. 4. And be it further enacted by the authority aforesaid, That the said courts of 
How and in ordinary upon application made by any administrator, guardian or distributee, of any 
Mtoe : s*av<P{o estate » a f tertue expiration of two years from the date of such letters of administration? 
fee distributed shall appoint three or more freeholders of the county in which such application shall be 
made, whose duty it shall be to divide the said estate, subject to distribution into as many 
parts or shares as there are distributees, and assign, by lot or otherwise, as to them 
shall seem proper, one of the said parts or shares to each distributee, or his, her or 
their guardian, or legal representative, the said distributee or his or their guardian or 
legal representative first giving bond and approved security to the said administrator, to 
refund his or her proportionable part, of any debt which may be afterwards established, 
against the said estate, and the costs attending the recovery of such debt, Provided aU 
Proviso, ways, the party so applying shall give to all the parties in interest, written notice there- 
of twenty days before the meeting of the court at which the said application is made., 
And provided also, That the persons so making distribution, shall be previously sworn 
Proviso. to make the same according to justice and equity, without favor or affection to any of 
the parties, to the best of their skill and understanding. 

Securities to ®ec. 5 * *^ n ^ oe it further enacted, That whenever securities for executors, admini- 
SSSSSrS" strators or guardians, conceive themselves in danger of suffering thereby, and petition 

or guardian the court of ordinary for relief, the said court shall cause the executor, administrator, 

now lobe re. „ . .__ ' - 



Ikred, 



May adjourn to any other day— Ste act of 1810, No. 559, section 7, 






PASSED IN THE YEAH 1805. 261 



or guardian, to be summoned to appear before them at the next sitting thereof and shall (No, 198.) 
make such order, and give such relief in the case, by counter security or otherwise, as 
to the said court shall seem just and equitable. 

Sec. 6. Jlnd be it further enacted, That when it shall be made to appear to the sat- The court 

. .to compel ex- 

isfaction ot the court of ordinary, that any executor or executors of an estate are in ecutors to 

insolvent circumstances, and that the estate is likely to be wasted by the improper con- l^ere^^they 
duct of such executor or executors, it shall bo the duty of said court, by order, to com- act improper- 
pel such executor or executors to give bond with approved* security for the faithful exe- anc n n case »f 
cution of the trust reposed in him, her or them, by the said will, and in case of failure refuSal to . . 

1 , •* grant admini- 

to comply with such order, to grant letters of administration, with the will annexed* to stratum. 
such person as would be entitled thereto if no such executor had been appointed. 

Sec. 7. Jlnd "be it further enacted by the authority of oresaid, That where there has in contracts 
been a contract or contracts in writing for the sale of land, and the party to whom title, for land the 

° r ■ s court may or- 

are to be made dies before such titles are executed, it shall and may be lawful for the der titles to 
court of ordinary to order the title or titles to be made to the heirs general of the party h l h . s of ° he 

deceased.- deceased. 



Sec. 8. Jlnd be it further enacted, That where any person or persons shall depart 



Executors 
of obligors au- 

this life after having entered into any written agreement for the conveyance of any real J&Qrijfcd to 

ill- nil -i i i • i • f. i n make titles to 

estate, the obligee shall also have departed this lite, the executors of the obligor shall in the heirs of e- 

like manner make and execute a conveyance or conveyances to the heirs of the obligee, bll £ ee - 

Sec. 9. Jlnd be it further enacted by the authority aforesaid, That it shall be the 

duty of all ministers of the gospel, judges, justices of the inferior courts, or justices p . ersons mar - 

of the peace, who shall hereafter join together any person in the bonds of matrimony, turn on the 

to make a return on the marriage license of the actual intermarriage of the parties, and STfo the 

the day in which the same was solemnized, to the clerk of the court of ordinary. • whose clerk of the 

i ,.,,,, , j ,-, . ,,,,.. , court of ordi- 

duty it shall be to enter the same in a book to be kept by him for that purpose, for n »ry the day 

which he shall be entitled to ask and receive the sum of twenty-five cents, which shall marriage" oT 

be paid when such license shall be granted ; which register, or a certified copy thereof, shall thc P arties ? 

be admitted as evidence of such marriage in any court where the solemnization of such corded. 

marriage shall be called in question, cleriTfor" t? & 

Sec. 10. Jlnd be it further enacted by the authority aforesaid, That this act shall not same : 

sffect or operate on any administration heretofore granted, toljerafe S 

ABRAHAM JACKSON, Speaker of the House of Uepresentatves. tros P ective ^ 
JARED IRWIN, President of the Senate, 
Assented to, December 6, 1805. 

JOHN MILLE DGE, Governor. 

* Sec act of 1810, No._M9 3 directing how suits arc to progress in sacfa <*ses.~and for other purposes. 



%$% LAWS OF GEORGIA, 



(No. 199.) AN ACT 

To give further time to the commissioners of the torvn and academy of Washington, tu 
carry into effect ti lottery, for the benefit of that academy, as pointed out by an act pas- 
sed the 12th day of December, 1804, 



_JE it enacted by the Senate and House of Representatives of the State of Geor- 

Washington „ . J . J 

town academy gui> in General Assembly met, That the time given the commissioners of the town 
fai- /extended. an( * academy of Washington, for the purpose of establishing a lottery to raise the sum of 
two thousand dollars, for the benefit of said institution, be, and the same is hereby exten- 
ded until the first day of October, 1807 j any thing to the contrary notwithstanding^ 

ABRAHAM JACKSON, Speaker of the House of Representative. 

JAREB IRWIN, President of the Senate, 

Assented to,, December 6, 1805 & . 

JOHN MILLED GE, Governok, 



k 200.-) AN ACT ' 

Authorizing the Inferior Courts in each county within this State, to establish ferries an& 
bridges, and such rates for crossing thereat, as to them may appear reasonable, and to 1 
authorize, the erection of a toll-bridge on Canouchec, in Liberty countyo 



Sec 1 
Power g I v- ","" * JOE it enacted by the Senate and House of Representatives of the State of 

rior °court ^t'i ^ eor S^ Ci xn General Assembly met, and by the authority of the same, That the Inferior 

each county, courts In the several counties in this state, are hereby empowered, if they should deem it 

to establish _ . „ 

fe^ks, &c. necessary, on application being made, to authorize the establishment oi such ferries or 

bridges, as they may think necessary, other than where ferries and bridges have been al- 
ready established by law, and to allow such rates for crossing thereat, as are usual or custo- 
anary on water courses of the same width ; Provided nevertheless, that the legislature 
shall at all times- retain the power of making such alterations in the establishments made 
by the justices of the inferior courts, as to them may seem proper. 

Persons in § sc » 2. And be it further enacted by the authority aforesaid, That It shall be the du- 
vhose tayor ^ of any person who may obtain such establishment, order or leave, to keep a good 
merit, is made, and sufficient ferry-tat or bridge-, and to give due attendance thereat, and if any dam- 

bound to keep 



MASSED IN THE YEAR 1805, m 



. a <*e should happen to any person or persons by reason of the insufficiency of such flat or (No. 200.) 
bridge, the non-attendance or neglect of the ferryman or keeper of such bridge, the 
person so aggrieved or damaged, shall and may have and maintain an actio.n against the 
owner of such ferry or bridge. 

Sec. 3. And be it further enacted, That any two of the justices of the district in the coun- 



Jurisdiction 



*-'•"" •* , '- *„ '■, i • ± i • i • ,i i Jurisdiction 

:ty where such ferry or bridge may be established, on complaint to him or them by any ?iven t0 the 
person, that may have sustained damages by reason of non-attendance, neglect or insuffi- Jgjs? ^| 
ciencyofthe flat or bridge, to an amount not exceeding thirty dollars, which infor- ofnegke^or 
mation shall be made on oath, to cause the owner of such ferry or bridge, to appear s S|&blis|i 
at tbe next justices court of the district where such ferry or bridge may be, to answer ment - 
the plaintiff's complaint, which shall be fully set forth in the warrant, and also the day on 
which such injury took place ; and the justices before whom the same may be tried, shall 
cause five disinterested persons, to be empannelled and sworn as jurors, to whom such case 
shall be submitted, and their verdict shall be the judgment of the eourt, and such pro- 
eeedings shall be had thereon, as in other cases j Provided that when any person considers Fror&j. 
himself aggrieved or hath sustained damages, to an amount exceeding thirty dollars he, she 
or they so considering themselves aggrieved or damaged, may have and maintain in the 
superior or inferior courts of the county, an action against the owner of such ferry or 
bridge, and shall recover thereon, the amount which the jury trying the cause may assess. 

Sec. 4. And be itfurt her enacted That the inferior court of Liberty county, be and ^^1! ^ 

£hey are hereby authorized to permit the erection of a toll bridge over the river Canouchee, cross the Ca - 

r.ouchce river. 
at the place known by the name of Well's ferry, on Nathan Smart's land as to the said 

court shall seem most proper, and to fix the rates of toll, which shall be paid by pas- 
sengers ; and the owner or the proprietor of such bridge, shall be subject to the same restric- 
tions and regulations as are herein before prescribed, for the owners or proprietors offer- Proviso. 
Ties or bridges ; Provided, That nothing herein contained shall be construed to extend to 
defeat the claim of any person to the land on either side of said river. 

No ferry to 

Sec. 5. And be it further enacted by the authority aforesaid. That no ferry shall be es- ^t tn^ 1 ' kct 

iablished on any stream or water course, over which bridges are now erected, at the ex- where there is 

pense of any county or counties ; Provided nothing herein contained shall extend or be bridge" and 

construed to extend, te prevent the erection of bridges at public expense, at places ^Vd^^eh? 

other than those where bridges are now established* to erect oth- 



ers 



ABRAHAM JACKSON, Speaker of the House of Representatives. 
JARED IRWIN President of the Senate* 
Assented to, December 6, 1805. 

JOHN MILLEDGE, Governor. 



264 LAWS OF GEORGIA, 



(No. 201.) -AN ACT 

To divorce James Brown and Abigail his wife. 

Tv HERE AS it appears that the parties in the above recited case, have had a fair 
Preamble, trial in the superior court, and a verdict . hath been obtained authorizing a total divorce 
therefore. 

James Brov/n Sac. ±. BE it enacted by the Senate and House of Representatives of the State of 

and wife di= 

vorced. Georgia, in General Assembly met. That from and after the passing of this act, the matri- 

monial connexion or civil contract of marriage made between the said James Brown and 
Abigail his wife, shall be completely annulled, set aside and dissolved, as fully and effectu- 
ally, to all intents and purposes, as if nosueh contract had ever heretofore beea 
made or entered into between them* 

Sec. 2. And be it further enacted, That the said Abigail Brown is hereby declaredJ.a 
eda feme sole feme sole, and she shall not in future be allowed on any pretence whatever, to charge the 
chi^hiniin sa *^ J ames Brown, his heirs, executors or administrators, or his or their estate, with any 
any manner, debts or dues, of her contracting, or with actions of or for damages, for or on account 

of any tort, trespass or damages whatever, which shall be hereafter committed or done by 

the said Abigail Brown. 

Sec. 3. And be it further enacted, That the said Abigail Brown and James 
Brown in future, be deemed and considered as distinct and separate persons, altogether 
unconnected by any mistical union or civil contract heretofore entered into between them : 
Freoided, that the said Abigail Brown, shall be entitled to all the estate, real and per- 
Ifwyiso, sonal, not now disposed of, that she brought into the family at the time of their inter- 
mswriage. 

ABRAHAM JACKSON, Speaker of the House of Beprcsentatwa, 

JARED IRWIN, President of the Smate. 

Assented to, December 6, 1805. 

JOHN MILLEDGE, Governor 



PASSED IN THE YEAR 180&. 265 



AN ACT (No. 202.) 

To establish the number of commissioners for the toivn of MilUdgeville, and to extend 

and define their powers. 



^E it enacted by the Senate and House of Representatives of the State of 



Number of 
commission- 



Georgia in General Assembly met, and by the authority of the same, That 

from an 1 alter the passing of this act, the number of commissioners for the town of €iS for Mil - 

1 ■ lecl^eville, es- 

Milledgeville, shall not exceed five, and that they be appointed by joint ballot of both tabiished and 

branches of the legislature, and they or a majority of them shall be, and they are here- poised™ 

by vested with all the powers heretofore vested in the seven commissioners appointed by 

an act of the last General Assembly of this State, 

Sec. 2. And be it further enacted by the authority aforesaid. That from and after the To contract 

passing; of this act, the said commissioners shall be, and they are hereby authorized j^ofthe ' 

and empowered to contract for the building a State-House, (which shall be of brick and Stale-House. 
according to the plan approved of by this legislature) in the town of Millodgeville, to 
such person or persons, and upon such terms as they in their judgment may think fit j 

provided the expense of said building shall not exceed sixty thousand dollars ; the said Not to cost 

• • * • * * • i . • ••! more than 

commissioners taking bond with good security from the person contracting, m the sum 60,ooo dollars 
of forty thousand dollars, for the faithful execution and performance of the work, on or 
before the first day of October, 1807, 

Sec, 3. And be it further enacted by the authority aforesaid, That the said com- TokavVtfee 

missioners shall have the superintendance of all the public property within the limits of p^c «*ope£ 

the town of Milledgeville, and shall make such regulations for the security and preser- ty ip the Iim ~ 

,.,,„" : , . its of said 

vation tnereoi, as they may deem most conducive to the welfare of the said town, so tov/n. : 

that the same be not contrary to the constitution or laws of the land. 

Sec. 4. And be it further enacted by the authority aforesaid, That the said com- To lay 6ff oth 
missioners be, and they are hereby authorized and empowered to lay off lots in addition f r]ots in * ; d 
to those already laid off in the said town of Milledgeville, and to sell sueh as in their 
judgment the public interest may require, provided they do not exceed one hundred,* in 
the same manner, upon the same terms, and subject and liable to the same provisions and 
conditions, as in the act of the last legislature, is set forth for regulating the sales of 
the lots in said town. 

Sec. 5. And be it further enacted by the authority aforesaid, That all mo- Mo&ei, 

Hies, bonds or notes, arising from the sale of lots in the said town of Milledgeville, tristg%Tm 

— ^__ the sale of 

* Authorized byactof 1810, No. 533, to sell twelve more lots, and the mode of payment pointed out. foSe2^i»2 



ikt) 



LAWS OF GEORGIA, 



(No. 202.) shall be, by the commissioners aforesaid, deposited with the treasurer of this State, whose 
duty it shall be safely to keep the same, subject to the further order of the legislature 
of this State. 

To report 

accommodl Sec * 6 ' «# nd oe # enacted, That if accommodations in the judgment of the commis- 
S^saTd" 1 ' sioners » can be had for the members of the next legislature, and the State-House in 
town, and the such state as to admit the next session to be held thereat, it shall be the duty of the 

jn tncss oi the 

state-House commissioners to notify his Excellency the Governor thereof, and his Excellency by 
ior, he fo? OV the P roeIamation to require the meeting of the next General Assembly thereat. 

ne:;t General 

y- Sec, 7. And be it farther enacted by the authority aforesaid, That so much of the act 

Repealing entitled an act to make the town of Milledgeville the permanent seat of government of 
clause. this State, and to dispose of a certain number of lots therein, passed the 12th December, 

1804, as militates against this act, be, and the same is hereby repealed. 

ABRAHAM JACKSON, Speaker of the House of Representatives,, 

JARED IRWIN, President of the Senate. 

Assented to, December 5, 1805=, 

JOHN MILLEDGE, Governor. 



(No. 203.) AN ACT 

To revise and amend an Act, entitled an Act, to alter and amend an Act, to empower 
the inferior courts of the several counties within this State, to order the laying out the 
public roads, and to order the building and keeping in repair, the public bridges, pas- 
sed at Louisville, ±0lh December, 1803, so far as respects the counties of Bryan, 
Liberty, M'Intosh, Glynn and Camden. 

Owners of Sec. 1. J3 E u enac tcd by the Senate and House of Representatives of the State of 
a list of the Georgia in General Assembly met, and by the authority of the same. That all owners, 
^ands^on managers or employers of male slaves, within their several districts or divisions, shall 

roads to the when summoned, deliver to the person summoning him, her or them, a list in writing 
overseers. * . 

of all male slaves from the age of eighteen to fifty years, signed by such owner, mana- 
ger or employer, under a penalty of one hundred dollars; which list, the person or per- 
sons summoning, shall deliver to the commissioners or surveyors of such districts or 



PASSED IN THE YEAR iSOtf. 



367 



divisions, on or before the day to which they are summoned to appear. And the said (No. 203.) 

commissioners are empowered to swear any owner, manager, employer, or summoner, 

giving, receiving or delivering such list, to the truth thereof, and of such service having 

been duly made ; and the person or persons summoning as aforesaid, shall be exempt 

from his or their personal labor or attendance in such districts or divisions, for that tour 

of duty. 



Sec. 2. Be it further enacted by the authority aforesaid, That in case any person or 
persons appointed to summons as aforesaid, shall neglect or refuse so to do, such per- 
son or persons shall severally forfeit the sum of thirty dollars for every such offence. 

Sec. 3. And he it further enacted, That the cut-off in the county of M'Intosh, known 
by the name of the general's cut ; shall henceforth be deemed and considered as a part 
of the public highway, and that the commissioners of said county are hereby authorized 
to apportion such number of hands from the district or districts of said county, as they 
in their judgment shall deem expedient, to open and keep in repair the said cut-off, for 
the conveuiency of the passage and repassage of boats. 



Persons ap- 
pointed to 
summons, pea 
ally for neg- 
lecting their 
duty. 

General's 
cut in M'ln- 
tosh, declared 
a part of the 
high -way. 



Sec. 4. Be it enacted by the authority aforesaid, That captain John Holmes, John 
Gignilliat, esqr. John Grantham, captain Sneed, John Fort and Thomas Armstrong, 
be, and they are hereby appointed commissioners of roads for said county, whose duty 
it shall be, immediately after the passing of this act, to convene agreeable to law, as point- 
ed out in the before recited act, and proceed to lay out a road as follows, to wit : begin- 
ning at the causeway, on New-Hope creek, on the south side of the south branch of the 
Alatamaha, taking the most direct route, so as to intersect the post-road at captain Ty- 
son's, leading from Fort Barrington to St. Mary; Provided nevertheless, that nothing 
herein contained, shall be construed to prevent the working on, and improving the road at 
present leading to Fort-Barrington, at the discretion of the commissioners or a majority 
of them, who shall observe and conform to the several sections of this and the before 
recited act, regulating commissioners inlaying off districts, and apportioning the labor, 
as herein before pointed out. 

Sec. 5. And be it further enacted, That all persons liable to perform road duty, resi- 
ding or being on any island, that the commissioners, in the county having jurisdiction 
over them, shall order and compel them to perform the duty required of them, on such 
district of road, as they may deem proper, and where the distance from their residence 
to the district to which they have to repair shall exceed ten miles by water or land, that 
then, and in that case, they shall be allowed one day for going to, and returning from 
such place of working. 

Sec. 6. And be it further enacted, That nothing herein contained, shall be construed 
to compel white male inhabitants, so far as it respects the county of Camden to perform 
personal labor on anyroad whatsoever ; but to attend armed and accoutred as militia 



Commissi- 
oners of roads 
in M'Intosh 
county appoiu 
ted — and a 
new road laid 
off. 



Proviso. 



Certain privi- 
leges allow- 
ed island in- 
habitants. 



Inhabitants 
of Camden 
not to woi k 
on roadbj bit 
to go armed 
while labor .$ 
going on. 



26s LAWS OF GEORGIA, 



(No. 203.) men, and be subject to such rules, orders and regulations, as the commanding officer of 
the battalion may prescribe or deem necessary, except such as the commissioners may 
appoint as overseers, to manage and superintend labor on said roads. 

Persons to g EC> y^ ^ n( j & e it further enacted by the authority aforesaid, That the COmmissiott- 
be^ appointed ~ " ^ ." '** 
as constables ers of each district, or a majority of them, shall have full power and authority to ap- 

tficts. point any person or persons within their respective districts, who shall act as constables 

in executing warrants under their hands and seals, for the recovery of fines and forfei- 
tures incurred by this act, who shall receive the same compensation as is allowed in 
such cases to constables by law ; and if any person so appointed, shall refuse or neglect 
to perform the duties required of him as constable, that for each and every refusal or 
neglect, they shall severally forfeit the sum of thirty dollars. 

clause. Pea ' S Sec. 8. And he it further enacted by tlie authority aforesaid, That the amendment 
of the road act, passed the 12th day of December, 1804, at Louisville, be, and the same 
is hereby repealed } and that so much of the act passed the 10th of December, 1803, 
as is contrary to this act, be also repealed, so far as respects the aforesaid counties.* 

ABRAHAM JACKSON, Speaker of the House of Representatives. 
JARED IRWIN, President of the Senate. 

Assented to, December 7, 1805. 

JOHN MILLED GE, Governor. 



AN ACT 

To amend an act to carry into effect the sixth section of the third article of the 

Constitution of this State. 



(No. 204.] 



HERE AS the constitution of this State, in the said sixth section of the third 

article declares, That, « the powers of the court of ordinary or register of probates, 

Preamble, shall be vested in the inferior courts of each county, from whose decision there may be 

an appeal to the superior court, under such restrictions and regulations as the General 

Assembly may by law direct," &c. 

Sec. l. BE it therefore enacted by the Senate and House of Representatives of the State of 
Georgia in General Assembly met, and by the authority tlwreof, That in case either 

* See act of 1806, No. 268. amending all the rand acts with regard to these counties and repealing all others- 

■ 



PASSED IN THE YEAR 1805. 



2S9 



party in the said courts of ordinary, shall or may be dissatisfied with any decision thereof, (No. 20*.) 
then, and in all such cases, such dissatisfied party may, within four days after the ad- the court"°of 
f ournment of the said court, be allowed to enter an appeal, by paying all costs which ordinary a! 

t, lowed to the 

may have accrued, and giving security to the clerk of the said court of ordinary for superior cor: - 
such further costs as may accrue by reason of such appeal, which appeal so entered, 
shall be by the said clerk transmitted to the clerk of the superior court of the county in 
which such proceedings may take place, at least ten days before the next superior court 
of said county ; and which said superior court shall determine thereon at such term, accor- 
ding to law and right, and letters testamentary, or of administration, shall not be grant- 
ed or issued until the decision of such appeal by the said superior court ; but the said 
court of ordinary may, pending such appeal, grant temporary letters to collect the 
estate of the deceased. 



Pendente lite.. 



Sec. 2. And be it further enacted by the authority aforesaid, That no letters testa- 
mentary,* or of administration, shall be granted to any person or persons who is or are 
not a citizen or citizens of the United States, residing in the State of Georgia. 

Sec. 3. And he it further enacted. That all acts heretofore passed, militating 
against this act, shall be, and the same are hereby repealed. 

ABRAHAM JACKSON, Speaker of the House of Jtepresentatites. 

JARED IRWIN, President of the Senate. 

Assented to, December 7, 1805. 

JOHN MILLEDGE, Governok. 



Administra- 
tion not to hi; 
granted to a- 
ny but citi- 
zens of the U. 
States, resi- 
dent in Geor- 
gia. 

Repealing 
clause. 



AN ACT 



(No. 205.) 



For the limitation of actions, and for avoiding suits at law, and to repeal the act passed 
on that subject the 26th of March, 1767, for the better and more effectually quieting 
mens' possessions and estates,and for avoiding suits in law, 

£ Actions for 

& E it enacted by the Senate and House of Representatives of the State of Geor- brought, tt* 
gia, i n Gen era^ Assembly m et^oM by the authority of the same, That all actions of ven ^ ; 

* See act of 1810, No. 559, authorizing two justices of the Inferior courtTto admit probates of" wills" In 
vacation, but no record to be made until court. 



Sec. l. 



* 



270 LAWS OF GEORGIA, 



(No. 205.) ejectment or any other suit or action Avhatsoever, at any time hereafter, to be sued or 

brought for the recovery of any lands or tenements, by occasion or means of any title 

Yfhieh may hereafter descend, happen or fall, shall be sued and taken within seven. 

years next after the title, and cause of action shall or may descend or accrue to the same, 

Proviso and and at no time after the said seven years. J*vovlded nevertheless, That if any person or 

exceptions. persons that is or shall be entitled to such suit or action, be, or shall be at the time of 
right or title first descended, accrued, come or fallen within the age of twenty one years 
feme covert, noncompos mentis, or imprisoned, that then such person or persons shall be 
at liberty, notwithstanding the said seven years are expired, to bring such action or suit, 
so as that the same be brought within three years after bis, her or (heir coming to or 
being of full age, discovert or sane memory or at large, and at no time after the said 
three years. 

Sec. 2. And he it further enacted by the authority aforesaid, That all actions of 
trespass, detinue and trover ; all actions of debt, whether upon specialty or simple con- 
tract; all actions of assault, menace and battery, wounding and imprisonment, or any 
tions must be of them which shall be sued or brought at any time after the passing of this act, shall 
year. ff be commenced and sued within the time and limitation hereinafter expressed and not 

afterward : — That is to say, the said actions of trespass, assault, battery, wounding, 
imprisonment or any of them, within one year next after the cause of such action or 
What in four su ^ ^ ia ^ accrued, and not after, And the said actions of detinue, trover, debt, (other 
years. ^ an U p 0n judgments) within four years next after the cause of such actions or suits 

What in five have accrued, and not after. And the said actions of debt upon judgments obtained in 
rears. courts, other than the courts of this State, within five years next after the judgment 

For words shall have been obtained, and not after. And the said actions upon the case for words, 
m one year. w ithin one year next after the words spoken, and not after. Provided nevertheless 
Proviso and That if any person or persons who is or shall be entitled to any such actions of detinue, 
exceptions. trover, debt, (other than upon judgments) be, or shall be at the time of any such action 
given or accrued within the age of twenty one years, feme covert noncompos mentis, or 
imprisoned, that then such person or persons shall be at liberty, notwithstanding the 
times of limitation shall have expired, to bring such actions or suits, so that the same be 
brought within two years next after the coming to, or being of full age, discovert of 
Proviso and sane memory or at large, and at no time after the said two years. And provided also, 
exceptions. That if any person who is or shall be entitled to any such actions of trespass, assault* 
menace, and battery and imprisonment, be, or shall be at the time any such action shall 
have accrued, within the age of twenty one years, feme covert noncompos mentis, or im- 
Diseontinu- prisoned, then such person or persons shall be at liberty, notwithstanding the time here- 
ing or non- j n before limited for the bringing of such action shall have expired, to bring such actions 

suit in an ac- . , . 

lion, not to ef- or suits, so that the same be brought witnm one year next alter the coming to, or being 

feet this act. ^ ^\ ag C discovert, of sane memory or at large, and at no time after the said one 






PASSED IN THE YEAR 1805. 



271 



year; and that the commencing an action or actions within the time limited, and afterwards (No. 205.) 
discontinuing or becoming non-suit in the same, shall not defeat the operation of this act.* 



Sec. 3. And be it further enacted by the authority aforesaid, That when any person 
•r persons shall remove his property without the limits of this State, or absconds or 
conceals himself so that his creditors cannot commence an action, that the person so re- 
moving his property or absconding himself, shall not be entitled to the benefit of this act, 
but shall be answerable for any just demand against him, her or them; and this act shall 
be deemed, held and taken as a public act, and the judges of the superior and justices 
of the inferior courts and justices of the peace within this State, shall be bound there- 
by, although the same shall not be pleaded. 

Sec. 4. And be it further enacted, That all actions upon the case, other than for 
words which shall be said or brought, at any time after the passing of this act, shall be 
commenced and sued within four years next after the cause of biich action or suit hath 
accrued, and not after. 

Sec. 5. And be it furtlier enacted by the authority aforesaid, That the act entit- 
led, " An Act for limitations of actions, and for avoiding suits in law," passed the 
twenty sixth day of March, 1767, be, and the same is hereby repealed.f 

ABRAHAM JAC&ON, Speaker of tlie House of Representatives. 
JARED IRWIN, President of the Senate, 
Assented to, December 7, 1805. 

JOHN MLLLEDGE, Governor. 



Persons re- 
moving- their 
property, or 
absconding', 
not allowed 
1he benefit of 
tnis act. 

This decla- 
red a public- 
act, 



All actions 
upon the case 
except for 
words to be 
brought in 
four years af- 
ter the cause 
of action hath 
accrued, and 
not after. 

The act of 
1TG7 repealed 



AN ACT:):. 

To amend the several acts regulating roads in this State, so fat as respects the 
operation of said acts in the county of Burke. 



Sec. 1. 



(No. 206.) 



Inferio: 



court 



mt enacted by the Senate and House of Representatives of the State of of Burke co 

ieiie.ml .Hsat>m'h1ti met- ,.*.A 7™. +t.„ ii -i /. .-. .__ _ ty to appoint 



_ ^ -j, „ ^.^ „„„.„, UJ jxicprciivmanves oj the mate of 

Georgia,^ in General Assembly met, and by the authority of the same, That from and 

* The latter clause of this section, repealed by act of 1306, No. 225. 

t See act of 1806, No. 225, repealing- this section, and reviving the act of 1767,- £ ga»», 

4 See act of 1807, No,. 297, in addition to this act, 



overseers of 
loads in eve- 
ry captain's 
district 



m LAWS OF GEORGIA, 



(No. 206.) after the passing of (his act, it shall be the duty of the justices of the inferior court 
of the county of Burke, to appoint overseers of the road in such manner that there 
shall be one overseer to each road in every captain's district. 

justices of Sec « 2 « •#«£ &e it further enacted, That the power heretofore exercised by the said 

the peace to j us tices of the inferior court, of apportioning the hands liable to work unon roads, shal? 

apportion the " ° r . ' 

hands, be vested in. and exercised by the justices of the peace in each district. 

Sec, 3. And he it further enatced, That it shall be the duty of the justices of the 

Justices of peace, in every district where any doubt shall exist as to the number of hands which 

ascsrtam^ the ma ^ " J,e * u ^ ie P ossess ' on 0l> employ of any person liable to work on any road or roads, to 

number of a>i ve fifteen days notice in writing, at the place of holding court in such district, previ- 

slaves liable 

to work on ous to the holding of the said court, directing and requiring all owners or persons having 
the "possess^ an y sucn s * ave or s l avcs * n his, * iei * 0l * their possession, to attend at the said place of 
on of any per- holding court, then and there, on oath, to render an account of every slave in his, her or 

son— the man- 

ner of doing their possession, liable to work on roads, and in default of such attendance, the said 
justices may impose a fine not exceeding one dollar for each hand liable to work on said 
road, to be levied and collected by execution against the goods and chattels of such per- 
son in default. Provided always, that such defaulter may render an excuse, upon oath, 
before either of the said justices, and if deemed sufficient, the said fine so imposed, 
shall be remitted ; and that it shall be the duty of the said justices which shall be judg-* 
ed of by the said justices to furnish the said overseers in their districts with lists of 
the hands liable to work on the road for which he may be appointed. A"d the fines \* hen 
collected shall be applied to county purposes. 

ABRAHAM JACKSON, Speaker of the House of Representatives*. 

JARED IRWIN, President of the Senate, 

Assented to, December 7, 1805. 

JOHN MILLEDGE, Governor 



Proviso- 



(No. 207.) AN ACT 

For the better selection and drawing Grand Juries for the several eounlies in this State. 



Justices of 
the Inferior 
ourt toareth. 



Sec. 1. |5 E u macte( i ty tj ie Senate and House of Representatives of the State of 
L tf she- Georgia, in General Assembly met, and by the authority of the same, That it shall be 
"$b the duty of the justices of the inferior courts of each county, together with the Sheriff 



PASSEB IN THE YEAR 1805. 27$ 



and clerk, or a majority of them, to convene at the court house of their respective (No. 207.) 
counties, on the first Monday in June next, and biennially* on the tirst Monday in June for that pur- 
thereafter, whose duty it shall be to select from the books of the receiver of tax returns, P 03e ancl „ * he 

' J manner of do- 

for their respective counties, lit and proper persons to serve as grand jurors 5 and shall ingit. 

make a list of persons so selected, and transmit it under their hands to the next superior 

oourt of their respective counties; and it shall be the duty of the judge then presiding? 

to cause the clerk of the said superior court to make out tickets with the names of the 

persons so selected, which ticket shall be put in a box to be provided by the clerk at the 

public expense, which said box shall have two apartments marked number one and two? 

and the clerks of said courts shall immediately after receiving such lists, fairly enter 

the same in a book for that purpose, to be provided at his own expense, distinguishing 

in separate columns, the persons liable to serve as grand jurors, and those for the trial 

of civil and criminal causes, as pointed out by law ; which said box shall be locked and 

sealed up by the judge, and placed in the care of the clerk, and the key in the care of 

the sheriff, and no grand jury shall be drawn and impannelled, but in the presence of 

the judge in open eourt, nor shall any clerk of the court, or other person having the 

custody of the jury box, presume, on any pretence whatever, to open the said jury box, Jury box 

transpose or alter the names, except it be by the direction of the judge in open court, tcrrupted. 

attending for the purpose of drawing jurors, under the penalty of being dealt with in the 

manner pointed out by law for mal-practice in office. f 

Sec. 2. Jlnd be it further enacted, That the -said judge, in open court, shall unlock 
and break the seal, and cause to be drawn out of the apartment of the said box marked 
number one, not less than twenty three, nor more than thirty six names to serve as : Tu / ] ? es of th * 

. •> interior court 

grand jurors, which names so drawn out shall, after an account is taken of them, at to draw in op- 
each time of drawing, be carefully deposited in the other apartment of such box marked grand jurors!" 
number two ; and when all the names shall be drawn out of the apartment number one as 
aforesaid, they shall then commence drawing from the apartment number two, and re- 
turn them into number one, and so on alternately : but no name so deposited shall on any is&w it i< t® 
pretence whatever, be destroyed, except it is within the knowledge of the judge that the bedone - 
said juror is either dead, removed out of the county or otherwise disqualified by law, or 
the sheriff certify the same. 

Sec. 3. And be it further enacted, That if it shall so happen, that there should be a 
failure of the court in consequence of the non-attendance of the judge, then and in that acluSfjSef 
*ease, the jurors being summoned, shall stand over to the next succeeding term in the to ?**"* over 

o to the next 

* Selections to be made annually in the counties of Wayne and Camden~£ee act of 1810, No. 516. 
■f By act of 1810, No. 510, the justices of the inferior court in the counties of Twiggs, Telfair, Laurens, 
Wilkinson, Pulwkie and Montgomery, are authorized to draw. grand and petit jurors for their respective 
/counties. 4 



court. 



LAWS OF GEORGIA, 



(No. 207.) manner as suiters and witnesses do in like cases. Provided always, that if tlie said jus- 

Provisp. tiees, sheriff and clerk aforesaid, shall fail to make such selection on the day aforesaid, 

that then it shall be the duty of the said justices, sheriff and clerk aforesaid, or a ma- 

jority of them, to make such selection at or before the next superior court thereafter^ 

which shall be held in their respective counties. 



Repealing 

oiause. 



Sec. 4. And be it further enacted, That so much of an act, entitled, « An Act to 
amend an act, entitled an act, to revise and amend the judiciary system of this State," 
passed at Louisville, the 16th day of February, 1799, as militates against this act, be, and 
the same is hereby repealed 

ABRAHAM JACKSON, Speaker of the House of Representatives., 
JARED IRWIN, President of the Senate, 



Assented to, December 7, 1805. 

JOHN MILLED GE, Governor, 



^No.. 208.) 



J rcamble. 



AN ACT 

To incorporate a company for the improvement of the navigation of that part of the 
Oconee river, between the Big Shoals, at John Burnett's, and the town of Milledgeville.* 



HERE AS the improvement of the inland navigation of every country, is of pri- 
mary importance to its inhabitants, and as few countries enjoy greater natural advan- 
tages than this state, for the extension of commerce, and it being conceived, that the 
clearing out and removing the obstructions in that part of the Oconee river, from the Big 
Shoals, at John Barnett's, to the town of Milledgeville, would greatly conduce to the 
convenience and interest of the inhabitants,, settled in the north and northwestern parts. 
«f this State^ 



Sec. 1. BE it enacted by the Senate and' House of Representatives of the State of 
a company Georgia in General Assembly met, and by tlie authority of the same, That a company 
Sprole hed the shall be established,. the capital stack whereof shall not exceed fifty thousand, dollars,, di- 

navigation of ■ 

the Oconee;. — ~ ~ ~ ' 

the amount of . y ^ ^ ^ ^ ^ inGorpora thi£ accompany and allowing a lottery for the above purpose-See also 
act of 1810, No. 527, incorporating another, company for the same purpose. 



PASSED IN THE YEAH 1803. S*| 



videdinto two thousand shares, each share being twenty-fire dollars, and that subserip- (Ko.- 208.) 
tions towards constituting the said stock, shall, on the first Monday in January next, he gP^g *\p^> 
oDen at Hancock, Green, Clarke, Jackson, and Franklin court-houses, Washington in pointed out fc 

1 . , "v „ - the places and. 

Wilkes, and Milledgeville, xmder the superintendence of such persons as the corpora- Av ], ere t ] ie 
tion may appoint for that purpose ,• which subscriptions shall continue open until the whole J^iril-eli hc 
of the said stock shall have been subscribed. for": 

Sec. 2. And he it further enacted, That it shall fee lawful ft»r any person, copartner- Personst© 

•' subscribe for, 
ship, or body politic, to subscribe, as he, she or they shall think fit, for such or so many not exceeding- 
shares not exceeding fifty j and that the sums respectively subscribed, shall, be payable theft»ann$r'& 
jn gold, silver or bank bills of the United States, to be paid at four several payments, at tlni 5 ° { p:iy " 
the distance of twelve calender months from each other, the first whereof shall be paid 
at the time of subscribing. 



Subscribers 
to constitute a 



Sec. 3. Jlnd he it further enacted, That all those who shall become subscribers to the 
said company, their successors and assigns, shall be, and are hereby created and made 
a corporation and body politic, by the name and style of the Oconee Navigation Company, hi)d y p°'i tic . 

and incorpoi a 

and by that name shall be, and are hereby made able and capable inlaw, to have, pur- ted & styled, 
chase, receive, possess, enjoy and retain to them and their successors, lands, rents, tene- 
ments, hereditaments, goods, chattels, and effects, of what kind, nature or quality soev- 
er; and the same to sell, grant, demise, alien, or dispose of, to sue and be sued, plead To wake all 
and be impleaded, answer and be answered, defend and be defended, in courts of re- ncc ' ss ? v y laws 

x * for the* reg-u« 

cord or other place whatsoever : and also to make, have and use a common seal, and llvtion - 
the same to break, alter and renew, at their pleasure ; and also to ordain, establish and 
put in execution, such by-laws, ordinances and regulations, as shall seem necessary and 
convenient, for the government of the said corporation, not being contrary to the laws of 
this state, or to the constitution thereof, (for which purpose, general meetings of the sub- 
scribers to the said stock, shall, and may be called by the directors, and in the manner 
hereinafter specified) and generally to do and execute all and singular the acts, matters and 
things, which to them shall appertain to do ; subject nevertheless, to the rules, regula- 
tions, restrictions, limitations and provisions hereafter prescribed and declared. 

Sec. 4. And he it further enacted That for the well ordering of the 
affairs of the said corporation, there shall be ten directors, for whom there to^Su™ 
shall be an election on the first Monday of January in each year, by the stock-holders or thc^choi 
proprietors of stock in the said corporation, and by a plurality of votes, actually given, a P*esi0es| 
and those who shall be duly chosen at any election, shall be capable of serving as direc- 
tors, by virtue of such choice, until the end and expiration of the first Monday of Janu- 
ary next ensuing, the time of such election, and no longer, and the said directors at their 
first meeting, after such election, shall choose one of their number as president. 



. 



'*' ' ' ' ' " . - -■• - " ' .",;' '-■> ■ ': ;• "-■ ft* 



176 LAWS OF GEORGIA, 



(No. 208.) Sec. 5. Provided ahvays, andbeit further enacted, That as soon as the sum of two thou- 
rectors 5 n"ot to san( * dollars sn ^ nave keen actually received on account Of subscriptions to said stock, 
be chosen nn- noiiee thereof shall be given by persons under whose superintendance the same shall 

tit 2000 dol- . 

lii s is subscri. have been made in one of the public gazettes ot this State, and the said persons shall at the 
same time and in like manner, notify a time and place at the distance of thirty days from 
the time of such notification, for proceeding to the choice of directors: And it shall be 
lawful for such election to be then ^nd there made, and the persons then and there cho- 

^(WrT A "? sen s ^ ia1 ' k° tne h rs * directors, and shall be eapable of serving, by virtue of such choice 

to hold their until the end and expiration of the first Monday in January next ensuing, the time of 

offices. . 

making the same, and shall forthwith thereafter commence the operations of the said 
Proviso* corporation. Jlnd provided farther, That in case it should at any time happen, that 
an election for directors should not be made upon any day when, pursuant to this act, it 
ought to have been made, the said corporation shall not for that cause be dissolved, but 
it shall be lawful on any other day to hold and make an election of directors, in such, 
manner as shall have been regulated by the laws and ordinances of the said corporation 



Directors to 



Sec. 6. And be it further enacted, That the directors for the time being, shall 
appoint all ne- have power to appoint such officers and servants under them, as shall be necessary fop 

cessary offi- . -j . . n i .« 

cers and ser- executing the business ot the said corporation, audio allow them such compensation for 
aiTotheMuw- their services respectively, as shall be reasonable, and shall be capable of exercising 
ful things to gueh other powers and authorities for the well governing and ordering the affairs of the 

effect the bu- ° 

siness of the said corporation as shall be described, fixed and determined by the laws, regulations 
corpoia ion. ^^ ©Minances of the same. 



Sec. 7. And be it further enacted by the authority aforesaid, That when the said 
the corporation shall have so removed the obstructions in that part of the Oconee river, 



When the 
river is 

ed, so that a between the town of MiMedgeville and the Big Shoals at John Barnett's that boats car- 
crop hogs- rying a burthen of eight crop hogsheads of tobacco, when the water is at its corn- 
heads of tobac 
co may pas 



mon height, shall safely pass up and down from the Big Shoals, at John Barnett's, to the 
the company { own f Milledeeville, then the said corporation and not before, shall have power to 

"to V2LVC toll ■■ 

levy and receive a toll on ail articles carried up and down the said river, which shall 
not exceed the following rates, viz : 



The rates. 



For every hogshead of tobacco, - - - - - Fifty cents, 

For every barrel of flour, ------- Eighteen and three quartereents. 

For every bale of cotton, ------- Twenty-five cents. 

For every hundred weight of all other articles except lumber, Twelve & a half cents, 
And for every thousand feet of lumber, - - - Twenty-five cents. 

And shall also levy a toll in proportion to the distance from any other ~psace on the 
said river, between the said toym of Millcdgeville and the Big Shoals at John B«nieti'&£ 



PASSED IN THE YEAR 1805. m 



and if any person passing up and down the river as aforesaid, with, any boat or other (No. 208.) 

vessel with goods or any articles on board, and shall refuse to pay the toll aforesaid, or done with 

any other rates the said corporation may establish, not exceeding those aforesaid, then, JJj^ e ^° ™j 

and in that case, the said corporation shall have power, and are hereby authorized to toll. 
seize and detain the same until the customary toll shall be paid, 

Sec. 8. Jlnd be it further enacted, That the following rules, restrictions, limitations Rules re- 
and provisions, shall form the fundamental articles of the constitution of the said cor. JtiSo^^Srid, 
poration, the number of votes to which each stockholder shall be entitled, shall be provisions, to 
according to the number of shares he, she or they shall hold, in the proportions fol- stitutioh for 
lowing, that is to say : for one share and not more than four shares, one vote : for five ie Dmpan 
shares, and not more than nine, two votes : for ten shares, three votes : and for every 
five shares above ten, one vote exclusive of the three to which he, she or they may be 
entitled by the ten shares. None but a stockholder shall be eligible as a director. No 
director or president shall be entitled to any emolument, unless the same shall be allowed 
by a majority of the stockholders at a general meetings 

Not less than five directors shall constitute a board for the transaction of any business^ 
of whom the president shall be one,* except in cases of sickness, or necessary absence, ia 
which case his place shall be supplied by another director. 

A number of stockholders not less than twenty-five, shall have power any time to 
call a general meeting of the stockholders, for purposes relative to the institution, giv- 
ing at least twenty days notice in one of the public gazettes of this State, and specifying, 
in such notice the object or objects of such meeting. 

Every treasurer before he enters on the duties of his office, shall be required to give 
bond with two or more securities, to the satisfaction of the directors, in a sum not less 
than twenty thousand dollars, with condition of his good behaviour and faithful perfor- 
mance of the trust reposed in him, the stock of the said corporation shall be assignable 
and transferable according to such rules as shall be instituted in that behalf bj the 
laws and ordinances of the same, 

Yearly dividends shall be made of so much of the profits of the stock as shall appear to the 
directors advisable, and onee in every two years, the directors shall lay before the stock- 
holders, at a general meeting, for their information, an exact and particular state- 
ment of all debts due or ©wing,, and all monies received or expended. 

Sec. 9. tRnd be it further enacted by the authority aforesaid, That Samuel Gardner^ Persons ap- 

B. Harris, Joseph Cooper, Jehue Smith, Joel Early, John Stewart, Joseph Philips, Fred- pen the sula- 

eric k Beall, James Terrel, Henry Hartford, Charles Daugherty, Bedford Brown, John scrj P tlcn 
Floyd, Thomas Napier, Francis Boyaken, John Dawson, Thomas Terrel, Francis Wil- 



278 LAWS OF GEORGIA, 



(No. 208.) lis, Archibald M. Devereaux and Samuel Tinsly, are hereby appointed supeiintendants 
to open the subscriptions and conduct the business of the said corporation, until organized 
according to the prescriptions and limitations of this act, 

Duration of g EC# 10 . JLnd be it further enacted. That the said company shall remain, and contin- 

corporation, " x ^ 

SO years. lie a body politic, under the restrictions, limitations and provisions aforesaid, ft r thirty 

years, to commence from the day when the corporation shall order the reception of the 
toll, according to the conditions of this act. 

ABRAHAM JACKSON, Speaker of the Mouse of Representatives. 
JARED IRWIN, President of the Senate, 

Assented to, December 7, 1805. 

JOHN MILLED GE, Govebxok. 



(No. 209.) - AN ACT 

To appoint commissioners for the letter regulation and government of tlietown of Wash* 
ington, and for incorporating the same. 



Commissi- * ' -^^ ^ enacted hy the Senate and House of Representatives 

oners of the in General Assembly met, That the following persons, to wit ; Francis Wil- 

ington appoin 1* 5 > James Corbett, Filix II. Gilbert, Thomas Terrcl, and William Sansom, be, and 

l0<1, they are hereby appointed commissioners of the town of Washington ; and that they, or a 

majority of them, shall, immediately after the passing of this act, convene and proceed to 

the appointment of a clerk, and such other officers, as lliey may deem necessary to carry 

this act into execution. 

. . Sec. 2. JLnd be it further enacted, That the said commissioners shall hold their respec- 

thcy are to tive appointments hereby given them, until the first Monday in January, 1807, at which 
pointments &. time and on very subsequent year thereafter, the citizens of Washington, entitled to 
then elective. ^ ^ e £ 01 , me m|) ers f tj ie general assembly, shall choose by ballot five persons to succeed 
them as commissioners of said town, and they shall have, and they are hereby vested 
with full power and authority to make such bye-laws and regulations, and inflict or im- 
pose such pains, penalties and forfeitures, and doing other incorporate acts, as in their 
judgments shall be conducive to the good order and government of the said town of Wash- 
ington, Provided, that such bye-laws and regulations be not repugnant to the laws and 
constitution of this state. 



PASSED IN THE YEAR 1805, 



Sec. 3. *ind beit further enacted, That any two or more justices of the peace for said (No. 209.) 

county of Wilkes, are hereby authorized and required to preside at such elections for ces ^ -j^ 1 ' 

commissioners aforesaid. Frovidcd ahv ays nevertheless, That nothing herein contained P 6 ? 06 * ,, pre " 

shall he so construed as to prevent the election of the commissioners herein before named ; lections. 

and any person or persons who may hereafter he elected commissioners of said town, shall Proviso, 
he re-eligible at the next or any subsequent election, after the expiration of the time for 
whi&h he or they may be elected as commissioners, under this act. 

ABRAHAM JACKSON, Speaker of the House of Representatives* 

JARED IRWIN, President of the Senate., 

Assented to December 7, 1805. 

JOHN MILLED GE, Goysf^ok. 



AN ACT C No * 2m * 

To organize Hie counties of Baldwin and Wilkinson* 

Preamble. 
HEREAS it is necessary and expedient, that the counties of Baldwin and Wilkin- 
son, be organized as speedily as possible^ 

Justices of 

Sec. i. BE it therefore enacted by tile Senate and House of Representatives of the the inferior 

court of smcl 

State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the counties ap- 
same, That Samson Harris, Archibald M. Devereaux, Benjamin Tarver, Stephen Nobles P ointe<L 
and Edmund Lanej be and they are hereby appointed justices of the inferior court of the 
county of Baldwin ; and that Samuel Beckum, William Randolph, Lewis Lanier, William 
O'Neal and Thomas Gilbert, be and they are hereby appointed justices of the inferior 
court of the county of Wilkinson ; and the vacancies occasioned thereby, shall be filled 
by appointment of his Excellency the Governor ; which justices and courts shall have,, 
and are hereby vested with the same power and authority as the other justices and inferior 
courts, of this State, 

Sec. 2. And be it further enacted by the authority aforesaid, That the said justices Jfi^ponthe 
of the said inferior courts or a majority of them be, and they are hereby vested with full site t0 hol 4 
power and authority, to decide and fix upon some convenient place, as nearly eentral-as 
circumstances will admit whereat the superior and inferior courts of such county shall 
be held. 



280 



LAWS OF GEORGIA; 



(No. 210.) 
To assemble 
and take the 
oath of office 
and to lay off 
captains dis- 
tricts and ap- 
point justices 
of the peace. 



Sec. 3. JLnd he it further enacted, That the justices of the said several inferior courts 
or a majority of them, shall assemble at such place as shall be appointed by them for hol- 
ding courts in the said several counties, on the first day of April next, and after publicly 
administering to each other by virtue oi a commission to then* to be directed for that 
purpose by his excellency the governor, the oaths prescribed by the constitution for 
justices of the inferior courts; they shall proceed to define the militia company districts, 
which shall not exceed five in each of the said counties, and having so defined the said 
militia company districts, shall proceed to nominate and appoint two justices of the peace 
in each company district, and shall transmit such their appointment to his excellency 
the governor without delay, who is hereby authorized and required to issue commissions 
to the persons so appointedo 



Sec. 4. Jlndbe it further enacted, Thatit shall be the duty of the justices of the said several 

After being inferior courts of the said counties of Baldwin and Wilkinson, or any two or more of them, 

give notice f as soon as may be convenient after they shall be qualified as aforesaid, to give notice by 

10 'o& P u ^ ic advertisement, at the places appointed for holding courts in the said counties, and 



county 
cers. 



at two or more of the most public places in the said , counties, of an election to be held 
twenty days after such notice given, for clerks of the superior and inferior courts, 
sheriff, coroner, and county surveyor, of the said several counties, which election shall 
foe opened and held by three or more of the said justices of the inferior courts, or justi- 
ces of the peace of the said counties, and shall be conducted in the same manner 
as other elections of county officers in this State. 



Courts to be 
held in said 
counties and 
the times de- 
clared & the 
circuits to 
which they 
shall be at- 
tached. 



'Each county 
allowed to re- 
turn one Se- 
nator and one 
Represents 
tive. 



Sec. 5. And be it further enacted, That superior and inferior courts shall be held in 
each of the said counties twice in every year, at the time hereinafter mentioned, that is 
to say : the superior court of the county of Baldwin, shall be held on the second Mon- 
day in February, and the second Monday in August in every year ; and the superior 
court for the county of Wilkinson? on the fourth Monday in January, and on the fourth 
Monday in June in every year ; and the inferior court of the county of Baldvin, on the 
fourth Monday in May, and the fourth Monday in October in every year; and the infe- 
rior court of the county of Wilkinson, on the first Monday in June and the first Monday 
in November in every year, until otherwise directed by the legislature j which said se- 
veral counties shall be attached to, and form parts of the circuits or districts hereinafter 
mentioned, that is to say : the county of Baldwin to the western district, and the county 
of Wilkinson to the middle district ; the judges of which said districts are hereby fully 
authorized and empowered to hold and preside at the several superior courts herein 
before mentioned, to be attached to their respective districts,, 

Sec. 6. Jlndbe it further enacted, That each of the said several counties shall be 
entitled to elect and return one senator and one representative to the legislature. 



PASSED IN THE YEAR 1805. 



281 



Sec. 7. And be it further enacted, That the citizens, inhabitants of the said counties, 
shall be entitled to elect officers of the militia, in such manner as is pointed out by the 
militia law, which militia shall be added to, and form a part of (that is to say) the mili- 
tia of the county of Baldwin, shall form a part of the second brigade of the third division ; 
and the militia of the county of Wilkinson, shall form part of the second brigade of the 
second division.* 

ABRAHAM JACKSON", Speaker of the House of Representatives, 

JARED IRWIN, President of the Senate, 



(No. 210.) 

The citizens 
to elect their 
militiaofficers 
and the divi- 
sions and bri- 
gades to 
which said 
counties shall 
be attached, 



Assented to, December 7, 1805. 



JOHN MILLED GE, Governor. 



AN ACT 



(No. 311.1 



To he entitled an act to repeal an act entitled " JLn Act respecting vendue masters," pas- 
sed in the year ±797, so far as respects the vendue master in the town of Washington, 
in the county of Wilkes. 

Sec. 1. H„ . Act of 1797 

A3K it enacted by the Senate and House of Representatives of the State of res P ectin g' 

Georgia, in General Assembly met, and it is hereby enacted by the authority of the Srstrep^aL 
same, That so much of the above recited act, as respects the town of Washington, in ggtsi^ 
Wilkes county, be, and the same is hereby repealed. Wilkes 

ABRAHAM JACKSON, Speaker of the House of Representative*. 

JARED IRWIN, President of the Senate, 

Assented to, December 7, 1805. 

JOHN MILLEDGE, Governor. 



y See act of 1806, No. 218, amendatory of this act, so far as relates to the place for holdiag elections for 
inty offi cers in Baldwin, and the duty of the iaferior court, relatire to drawing grand and petit jurors for 



each of the said counties. 



M 2 



SS9 



LAWS OF 'GEORGIA, 



(No. 2.12.) 



AN ACT 



Wayne coun- 
ty defined, & 
part of it ta- 
ken from 
Glynn and a 
part added to 
Camden. 



To add a part of Glynn county, to the county of Wayne, and to add a part of the conn- 
ty of Wayne, to the county of Camden, and to organize the said county of Wayne. 

Sec i m 

JDfc E it enacted by the Senate and House of Representatives in General Assembly 

met, and by the authority of the same, That all that part of Glynn county be added 
to the county of Wayne, which lies westwardly of the following boundaries and limits, 
to wit ; beginning at the south side of the Alatamaha river on the main post-road, lead- 
ing from Fort-Barringtou to the town of St. Mary j thence along the said road until it 
intersects the line dividing Camden and Glynn counties ; thence from said intersection, 
until it strikes the Great St. TiJia river, at a place known by the name of Fort-M'Intosk. 
on said river j thence up the main south branch of the Great St. Tilla, until it strikes 
the outer boundary Sine of Wayne county — -thence along the said line until it strikes the 
Alatamaha river ; thence down the said river to the place of beginning, which shall 
form the county of Wayne ; and all that part of the county heretofore known as Wayne, 
lying south of the south branch of the Great St. Tilla within the outer boundarv line 
aforesaid, shall be added to, and form a part of Camden county. 

Sec. 2. Jind be it further enacted, That all persons liable to perform road duty, resid- 
ing in the county of Wayne, together with all persons in the county of Glynn, liable as 
aforesaid, residing within ten miles of said road, leading from Fort-Barrington to St. 
Mary, dividing the counties of Glynn and Wayne, shall, and are hereby made liable, at 
the discretion of the commissioners of said road, to work on and improve the same. 
Provided nevertheless, that nothing herein contained shall be construed to authorize the 
justices holding land courts, in the county of Camden, to issue any land warrant orwar- 
rants to any person or persons, or to authorize any person or persons to obtain a grant on 
head rights, or in any other way, in that part of the county heretofore called Wayne. 

Sec. 3. And be it further enacted, That John Grantham, John Johnson, John Fort s 
William O'Neal and Matthew Jones, be, and they are hereby appointed justices of the 
inferior court of the county of Wayne, whose duty it shall be, or a majority of them, to 
iix upon some place as nearly central as convenieney will admit of ; that the superior and 
inferior courts, and all elections for representatives to the state legislature and county 
officers, shall be held at the house of William Collins; and the said justices or any two 
of them, are hereby required, after giving fifteen days notice of the time and place, shall 
proceed to hold an election for county officers, and make a return to his excellency the 
Governor, agreeable to law, whose duty it shall be to commission the same. 

Judges of Sec. 4. And be it further enacted, That the judge of the eastern district is hereby 
* he -t toToid authorized and empowered to hold a superior court in said county, on the last Monday in 

ocur-ts in said 



Persons li- 
ving near the 
road, on the 
boundary be- 
tween Wayne 
and Glynn, li- 
able to work 
on the same, 
from each 
eounty. 

Proviso. 

Land war- 
rants not tobe 
granted in 
VVayne, on 
head riqrhts. 



Justices o 
the inferior 
court of 
Wayne ap- 
pointed to 
hold an elec 
tion for coun 
tv officers. 



PASSED m THE YEAR 1805. 285 



February, and the third Monday in October, in each year ; and the justices oftheinfe- (No. 212.) 

rior court are hereby required to hold an inferior court in said county on the lastMondays soThe' ju'stl- 

in December and June, in every year. ™*. ° f the l ,"J" 

and the times 

Sec. 5. Jlnd be it further enacted, That the said county of Wayne, shall be entitled 01 ° mg * 

to one senator and one representative to the state legislature, the election for which shall x Said coun ~ 

r ° ty to return 

be held at the same time, and conducted in the same manner, as by law is directed for one senator & 

like elections for other counties within this State; and that the citizens residing in the tiveand the 

said county, liable to bear arms shall be entitled to elect officers of the militia in such f ltlzen ? toe. 

^ , lect nuhtia 

manner as is pointed out by the militia law of this State, which militia shall be added to, officers. 

and form a part of the first brigade of the first division. brigade to be 



attached. 



ABRAHAM JACKSON, Speaker of the House of Representatives. 
JARED IRWIN, President of the Senate. 
Assented to, December 7, 1805, 

JOHN MILLED GE, Goyerxok, 



AN ACT 



(No. 213.) 



Fractional 



To authorize certain commissioners, to sell and dispose of the fractional parts of surveys 
of land in the counties of Wilkinson, Baldwin and Wayne. 

Sec. 1. H-S 

JOE it enacted by the Senate and Eonsc of nqtrcsentalives of the Slate of 
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, ™"53»5e 
That all the fractional parts of surveys of land reserved to the Slate by the several laws S&KS£ 
making dihtribution of. the lands lately acquired from the Creek nation of Indians, by a d!£5& 
treaty entered into at or near Fort-Wilkinson, on the 16th day of June, 1802, and lying sin "* % 
and being on the Oconee river, and on the temporary boundary line, shall be sold in 
separate lots, to the highest bidder, in the town of Miiledgeville, in the following man- 
ner, to wit: the commissioners hereafter to be appointed, shall by advertisement to be 
published sixty days in the Gazettes of Petersburg, Washington, Wilkes county, Sparta 
Augusta and Savannah ; in which advertisements shall be particularly specified the day 
or days on which the fractions, in each district, will be sold, and the terms of sale : pro- 
ceed to sell the same, between the hours often o'clock in the forenoon and threeo'clock 
in the afternoon, commencing by the sale of the first or lowest fraction on the Oconee 



- s * LAWS OF GEORGIA, 



(Ki>. 21 3.) river, in the first district in Wilkinson county, and continuing upwards in a regular pro- 
gression to the line of the second district, andinlikc manner on the temporary line be- 
ginning at the lower extremity, and continuing upwards as aforesaid ; and that the fracti- 
onal parts of surveys in the county of Wayne, shall be sold in the same manner afore- 
said ; beginning on <he highest fractional survey on the St. Mary river, aud continuing 
in regular progression on the line dividing Wayne county from Glynn and Camden until 
the whole are sold ; which rule shall be observed in the sale of the fractions in all the other 
districts of Wilkinson, Baldwin and Wayne counties, 



Commissi 



Sec. 2. And he it further enacted by the authority aforesaid, That three commissi- 
oners shall be appointed by joint ballot of the legislature, and they or a majority of 
Gner^te'beap tiiem i snal1 be sufficient to carry this act into effect, who shall before they enter on the 
gSoncUnd duties re< l uirea of them b y this aet » give bond with two or more sufficient securities to 
security and his excellency the Governor for the time being and his successors in office in the sum of 
oat1, thirty thousand dollars eaeh for the due and faithful performance of the trust reposed in 
them, which bond shall be taken by his excellency the Governor or by any two of the jus- 
tices of the inferior court of the county where such commissioners may reside, and imme- 
diately transmitted to the executive department, and shall moreover take & subscribe the 
following oath, viz. I, A, B, do solemnly swear (or affirm as the case may be,) that I 
The oath. will faithfully discharge the duties imposed upon mc by this act, and that I will make 
due returns of all bonds and other securities to the treasury of this State, which come into, 
my hands as commissioner aforesaid." — So help me God. 

Sec. 3. And he it further enacted by ihc authority aforesaid, Thai, the commission- 
chasers how ers shall take bonds of the purchasers payable in four equal annual instalments, together 
by whom, in with a mortgage on the land, which bonds and mortgages may be given by the person or 
Indwh^d' persons purchasing, his or their attorney or agent duly authorized to execute the same, 
posited. and shall be taken in the name of, and made payable to his excellency the Governor, for 

the time being, and his successors in office, and by the commissioners shall be deposited 
in the office of the treasurer within sixty days after the time the sales are completed, and 
each commissioner shall reeeivc as a compensation three dollars per day while in actual 
service. 

Bonds and Seg. i. And he it further enacted, That the commissioners aforesaid, shall take bond" 
bTuken^and ant * mor tgage of all and every purchaser, payable in the following manner, that is to say : 
how,andwhen one fourth part thereof in twelve months after the said purchase, which said fourth part 

payable. 

shall be paid in gold or silver ; one fourth part at the end of twelve months thereafter j 
one fourth part at the end of twelve months thereafter j and the remaining fourth part 
thereof at the end of twelve months thereafter ; which said three last payments, shall m 
like manner, be paid in gold or silver. 



PASSED IN THE YEAR 1805. 285 



Sec. 5. Jlnd be it further enacted by the authority aforesaid, That it shall be the duty (No. 213.) 
of his excellency the Governor, to cause grants to be made out for all the fractional made out in 
parts of surveys of land in the counties of Wilkinson, Baldwin and Wayne, leaving a j^ 11 ^ a £ d t ^g 
blank for the name of the person to whom the same shall issue, which grants shall be commission- 

ers to tlie pur" 

put into the hands of the commissioners appointed todisposc of the fractions as aforesaid, chasers* 

and by them filled up and delivered to the purchaser, on the purchaser's paying the sum 

of four dollars and twenty-five cents on such grant, which shall be received by the com- topay°g4 25 

missioners, and by them paid into the treasury, for the purpose of defraying the different £ ent ^ ior of - 

fees of office agreeable to the existing fee bill. And it shall be the duty of the surveyor- 

areneral and secretary of state, to insert the name of each purchaser in the record of such Commission- 

. , . . ers to report 

plat and grant remaining in the said offices ; and it shall be the duty of the commission- their procee- 

ers, to lay a correct statement of thier proceedings, under this act, before the nextlegis- i^"|i a tuve G 

lature. 

ABRAHAM JACKSON, Speaker of the House of Representatives. 

JARED IRWIN, President of the Senate. 

Assented to, December 7, 1805. 

JOHN MILLEDGE, Governor. 



AN. ACT* (No. 214.) 

To alter and amend an act entitled an act, to revise and amend the several militia laws 
of this State and to adapt the same to thefict of the Congress of the United States. 

T T HEREAS the twenty-second section of the above recited act requires a regiment- i 
al court of enquiry to be held once a year in each county $ and whereas great detriment Ieam 
will result to those counties, where two or more are required to compose a regiment, in 
consequence of such requisition. 

Sec. 1. BE it therefore enacted hi the Senate and House of Representatives of tlie State la regiments 

■XV- , • J „,, J . . ■ where two. or 

of Georgia,m General JLssemoly met, That where two or more counties are required to moWcWhties 
compose a regiment, the regimental court of enquiry be abolished, and battalion courts battalion 
of enquiry be instituted, composed of the commanding officer of the battalion, and at courts of en- 
least five commissioned officers; and in case the commander of the battalion does not ted— and to 
attend, the senior captain shall take presidency ; which said courts shall possess all the powe r of regi- 
powers of a regimental court, as in counties furnishing a full regiment. mental courts. 

* Tbisactj except as respects patroll duty, repealed by act of 1807, No. 312, section 34. 



236 LAWS OF GEORGIA, 



(No. 214.) Sec. 2. And be it further enacted, That the respective battalion courts of enquiry, 
a eta-kike."* shaI1 annually appoint by ballot, a clerk, who shall be subject to the same duties, and lia- 
ble to the same penalties relative to the battalion, as though he had derived his appoint- 
ment from the regimental courts of enquiry. 

Subaltern Sec. 3. And he it further enacted, That in future all subaltern officers in this State 
shall, upon all courts of enquiry and courts martial, be entitled to take a seat, as is 
practised in the army of the United States c 

And whereas, by the said recited act, apart of the duties required of the brigade 
inspectors and adjutants (other than the adjutant general) is in practice found to be incon- 
venient and expensive, and directs the performance of duties, not properly attached to 
those officers. 

Brigade in- Sec. 4. BE it therefore enacted, That in future the brigade inspectors shall not be 
adjutants, bound to attend any regimental or battalion muster, except those in the counties where 
nitto d bep!T<L they ma y respectively reside ; and that the adjutants shall not be required to attend com- 
pany musters, but shall attend the regimental and battalion musters, of the regiments to 
which they are attached j and shall perform such other duties as are required of them by 
said recited act, all of which they shall perform without pay. 

Sec. 5. And he it further enacted, That all able bodied free male inhabitants, be- 

Alieas as tweeu the age of eighteen and forty-five years, as well aliens as others, shall after ten days 
well as others ... . . , , , . . ,, . - J 

between 18 & residence in any captain's company, be bound when called on, to perform militia duty* 

atffe ye to"do°dii- * n * ue samc manner as citizens are bound by said act. 
ty. ' 

Sec. 6. And he it farther enacted, That all fines inflicted by regimental and battalion 
courts, shall be collected by the provost-marshal, by warrant under the hand and seal 
Pines how to of the officer presiding at such courts, and shall be entitled to like costs as are allowed 
ec e constables for such duty, and all fines inflicted by company courts, shall be collected by 
a sergeant of such company, by warrant, under the hand and seal of the officer presid- 
ing at such court, and shall be allowed such costs as constables are entitled to for like 
services. 

Repeal- Sec. 7. And he it further enacted by the authority aforesaid, That all former acts or 

clause. parts of acts, contrary or repugnant to this act, be and the same is hereby repealed. 

ABRAHAM JACKSON, Speaker of the House of Representatives, 
JARED IRWIN, President of the Senate. 

Assented to, December 7, 1805. 

JOHN MILLEDGE, Governor. 



PASSED IN THE YEAR 1805. 28: 



AN ACT (No. 215.) 

To appropriate monies for the political year, 1806. 



Sue. l. 



sa:; 



JE it enacted by the Senate and House of Representatives of the State of 

Georgia in General Assembly met, and it is hereby enacted by the authority aforesaid. 

That for the support of government, for the political year, 1806, the following sums of 

money be appropriated, viz. The salary of the Governor, shall be two thousand live his secretaries 
•^ , . ■ ■ and secretary 

hundred dollars per annum; the secretaries ot the executive department, not exceeding f slate. 

two, five hundred dollars each ; the secretary of state, two hundred dollars per annum ; snr v4Tr gr- 
ille treasurer, twelve hundred dollars ; the surveyor-general, two hundred dollars ; the era3 ' comp- 
troller, clerks 
comptroller-general, four hundred dollars ; the clerk of the House of Representatives, of senate and 

three hundred dollars 3 the secretary of the senate, three hundred dollars ; the judges Preventative*' 
of the superior court, fourteen hundred dollars each; the attorney-general, and two Judges. 

r :;■-■-.■.■ Attorney so ■ 

solicitors-general, one hundred and fifty dollars each; which said several sums shall be, Ucfforg. 
and they are hereby appropriated for their use ; to be paid yearly by warrant from the 
governor, on the treasury, out of the taxes to be received for the years eighteen hundred 
four, and eighteen hundred and five. 

Sec, 2. And be it further enacted, That the sum of fifteen thousand dollars be 
appropriated as a contingent fund, subject to the order of the governor. fund: F^ 

Sec. 5. And be it further enacted, That for the like compensation to the members of Members, 

the House of Representatives and Senate, the sum of three dollars each per day, 

during their attendance, and the sum of three dollars for exi'ry twenty miles President & 

in coming to, and returning from the seat of government: and the yum of four *?'].' 

dollars each, to the president of the senate and speaker of the house of representatives, Clerk of se- 
. . . . , , nate & house 

during their attendance, and the sum of four dollars each, for every twenty miles in of represents; 

coming to, and returning from the seat of government; to the clerk of the house of tives per <ky ' 

representatives and secretary of the senate, during the sitting of the legislature, four 

dollars per day each ; the sum of fifty dollars each for stationary &e. to two engrossing clerks'. 1 •/ 

clerks of the senate, and two of the house of representatives, four dollars each per dav 

"Other oni- 
during their attendance ; to the messenger and door-keeper of the senate, and messen- cersofthele- 

ger and door-keeper of the house of representatives, three dollars each per day; to g,slature ' 

Edmund Booker Jenkins, clerk of the committee of finance, forty dollars ; to Joseph Adjutants- 

Worsham, clerk of the committee on the state of the republic, forty dollars ; to the adju- * 

tant-general, three dollars per day, while in actual service ; to tlie commissioners of the ewrrfSS 

lottery, three dollars each per day, and the sum of three dollars eaeh for every twenty ter ^- 

miles in coming to and returning from the seat of government; to the commissioners of Commission 

Milledgeville, that is to say: John Harbert, one hundred and thirty-nine dollars and WdgevilS 

fifty cents ; to Howell Cobbs, one hundred and two dollars ; to Littleberry Bostiek, And to sun- 

dry other pev- 
sons. 



288 LAWS OF GEORGIA. 



(No. 215.) eighty-two dollars and fefty cents : to Archibald M. Bevereaux, one hundred and five dol- 
lars ; to Oliver Porter, sixty dollars, and to George M. Troup, the sum of eighty-eight 
dollars ; to Benjamin Easley, and his chain carriers, for laying out the town of Mil™ 
ledgeville, the sum of two hundred and fifty -four dollars; to Samuel Tinsley, secretary 
to the commissioners, one hundred and twenty-six dollars, and to the said commissioners 
for printing, twenty-two dollars ; to Abraham Jones, the sum of two hundred and eighty 
three dollars, agreeably to a concurred resolution; to Joseph Law, the sum of one hun- 
dred and thirty-eight dollars, agreeably to a concurred resolution ; to William Johnston, 
the sum of three hundred and ninety-three dollars and twenty-seven cents, agreeably to 
a concurred resolution, which said several sums hereby appropriated for their use, and 
shall be paid out of any monies which now are or hereafter may be in the treasury, not 
otherwise specially appropriated. 

Sec. 4. And be il further enacted, That the sum of fifteen thousand dollars be appro- 
mence °buiid- P" atet l> and subject to the order of the commissioners of Milledgeville, to enable them to 
lag the state- contract for the erection of a state-house, at Milledajeville ; which said sum shall be 

house 15,000 ° 

dollars. paid out of any monies which now are, or hereafter may be in the treasury, not other- 

wise specially appropriated. 

Sec. 5. And be il further enacted, That the following sums be appropriated to the use 
of the several persons herein after named, and payable as above mentioned — that is to 
say : to Burke Chislom, drawer of the lottery, two dollars per day, and Peter Pharr, 
other hersons messenger to the commissioners of the lottery, two dollars per day; to Ambrose Day, 
for various ser jjf^y d ]] ars> agreeably to a concurred resolution ; to John Nicholson, one hundred dollars, 
agreeably to a concurred resolution ; to Nathaniel Twining, twenty-five dollars, for dis- 
tributing the laws and journals in the counties of Bryan, Liberty, M'Intosh, Glynn and 
Camden, agreeable to contract; to John Bostick, the sum of sixty-nine dollars, and Jacob 
Robinson, fifty-four dollars, they being employed by the treasurer in destroying paper 
medium, &e. agreeable to a resolution ; and to Ambrose Day, for printing notices, eight 
dollars fifty cents ; to Lyon and Morse, for like services, four dollars and seventy-five 
cents; and to D. L. Ryan, for ditto, eight dollars .and seventy-five cents. 

ABRAHAM JACKSON, Speaker of the House of Representatives. 

JARED IRWIN, President of the Senate. 

Assented to, December 7, 1S05. 

JOHN MDLLEDGE, Governor. 



PASSED IN THE YEAR 1805= 289 



AN ACT* (No. 216. 

Te amend an. act entitled, " Jin JLct for ordering and governing Slaves within this pro- 
vince, and for establishing a jurisdiction for the trial of offences committed by such 
slaves, and other persons therein mentioned, and to prevent the inveighling and carry- 
ing away slaves from their masters, owners or employers." 



B 



IE it mactcd by the Senate and House of Representatives of the State of 
Georgia, in General Assembly met, and it is enacted by the authority aforesaid, That To beat a 
after the passing of this act, if any slave who shall be in the lawful business or service a slave or 

* ° maim him, m- 

of his or her master, owner, overseer, or other person having the charge, care and man- dictable, as 

agement of such slave, shall be beaten, bruised, wounded, maimed or disabled, by any te £ upon™ 

person or persons not having sufficient cause for so doing, every person and persons so white man. 

offending shall be liable to indictment in the superior court in the same manner as though 

sueh beating, bruising, wounding, maiming, or disabling had been committed on a 

white person, and on conviction, shall be subject to such fine or punishment as the said offender lia- 
4 bic to his ma- 

court- shall inflict,; and such offender or offenders shall also be liable to answer to the ster for dama- 

owner, master or other person having the charge of sucli slave, iu an action of dam- Action. 
ages for the injury and loss which such owner, master or other person shall or may sus- 
tain by such beating, bruising, wounding, maiming or disabling his or her slave as 
aforesaid, any thing in the said act for ordering and governing slaves, to the con- 
trary notwithstanding : Provided always, that upon the trial of such indictment or proviso. 
action, the jury shall be judges of the sufficiency of the cause of such beating, wound- J|£^^| 
ing, or maiming aforesaid. beating. 

ABRAHAM JACKSON, Speaker of the House of Representatives, 

JARED IRWIN, President of the Senate. 

Assented to, December 7, 1&0&, 

JOHN MIIXEDGE, Govebnoe. 

* See act of 18Q£, No, 258, relative to governing slaves &c, 

N % 



LAWS OF GEORGIA, 



(No. 217.) 



AN ACT 



Territory di- 
vided by ex- 
tending the 
line between 
Baldwin and 
Wilkinson to 
the Ocmulgee 

And the hand 
pbove said 
iin.c attached 
to Baldwin & 
below to Wil- 
kinson, 



Territory to 
be laid off in- 
to 38 districts 
by persons to 
be appointed 
by the survey - 
»r-geneial. 



To dispose of, and distribute the late cession of lands, obtained from the Creek Nations, 
hy the United Slates, in a treaty concluded at the City of Washington, on the four* 
teenth day of November, in the year one thousand eight hundred and five. 



^Eit enacted hy the Senate and House of Representatives of the State of 
Georgia, in General Assembly met, and by the authority of the same it is hereby enacted, 
That the territory lately acquired from the Creek Nation, as described by the articles 
of convention made betAveen Henry Dearborn, on the part of the United States, and 
Uehe Hargo, William M'Intosh, Tuskenehan Chapco, Tuskenehan Enchau Thluceo, of 
the Creek Nation of Indians, duly authorized and empowered by the said nation, shall 
be laid off in the following manner, viz: — The dividing line between the counties of 
Baldwin and Wilkinson, shall be extended south forty -five degrees west, to the Ocmul- 
gee river $ and all that part of the lately acquired territory lying above said line, shall 
be attached to, and considered as a part of the county of Baldwin ; and all that part ly- 
ing below said line, shall be attached to, and considered a part of theeounty of Wilkin- 
son, except the reserve made in the aforesaid articles of convention. 

Sec. 2. And be it further enacted by the authority aforesaid, That the said terri= 
tory shall be divided into thirty-eight districts, as nearly equal as they can be conveni- 
ently made by running parallel lines south forty-five degrees west, and others intersect- 
ing them at right angles; which said lines shall be run by such person or persons as the 
surveyor-general may appoint, not being a district surveyor,, 



Districts to 
be laid off in- 
to square 
tracts of 202 
l-2aci*es each; 
the manner of 
(doing it. 



Sec. 3. And be it further enacted by the authority aforesaid, That the land contain^ 
ed in the several districts, shall be divided by lines running parallel with the dividing 
lines of districts, and by others crossing them at rights angles, so as to form tracts of 
forty-five chains square, containing two hundred two and an half acres each, plainly and 
distinctly marked in a manner different from the mode heretofore prescribed for marking 
lines in this State, to be pointed out by the surveyor-general. 



Fractions Sec. 4. And be it further enacted, That the fractional parts of surveys, which may 

set apart to re jj e erea t e a by the natural or artificial boundaries of said territory, shall be set apart for 

4eem the pub- J 

lie debt. the redemption of the public debt under the direction of a future legislature.* 



Surveyors to 
uhe number of 
districts to be 
appointed. 

The person 
having the 
highest num- 
ber of votes 
to have first 
choice 3 and so 
©n. 



Sec. 5. And be U further enacted, That a number of surveyors equal to the num- 
ber of districts, shall be appointed by joint ballot of the legislature, in one general 
ticket i and the person having the highest number of votes 'shall be entitled to first choice 
of districts, and in that order, agreeably to the number of votes each surveyor, so appoint- 
ed, may receive* 

* See act of 1808, No. 333, appropriating the proceeds of the sale of fractional surveys, for the purpose ex- 
pressed in this section. 



PASSED IN THE YEAR 1806. 291 



Sec. 6. Jinil be it further enacted, That if two or more persons shall have an (No. 217.) 

equal number of votes, then and in that case, it shall be determined by lot, under the mined bylot] 

superintendence of the surveyor-general, which person or persons shall be entitled to "^aae-efatiis 

(.choice of districts. No t ; c v £t tt 

be counted, j 
unless it con< 

Sec. 7. And be it further enacted, That no ticket shall be counted, unless it be filled tain the mi m- 
iwith the number of names fro m among the candidates, equal to the number of districts, equal' to* the 

number of 
surveyors. 

Sec. 8. Jlnd be it further enacted, That if any person shall offer and be elected a sur- Any person 
surveyor, who shall hereafter be found deficient in the qualification necessary to a due pabi e e Y 'The 
execution to the duties required by this act, it shall be deemed a forfeiture of his bond, duties of this 

,-•-»>■ \ act, to forfeit 

and himself and securities immediately liable therefore his bond. 

Sec 9. And be it further enacted by the authority (.foresaid, That the respective Survevors t 
snrvevors shall g;ive bond in the penalty often thousand dollars to his excellency the give bond and 

. , . . « , security tothc 

governor, and his successors in o nice, with such security as he, or a majority ot the governor in 
justices of the inferior courts of the respective counties where the said surveyors may i^ooo 1 dollar* - 
reside, shall approve of, for the faithful discharge of the trust reposed in them, and 
duties required of them by this act, which bond shall be taken by the governor or the 
aforesaid justices, and deposited in the executive office. 

Sec. 10. And be it further enacted by the authority aforesaid, That it shall be the Surveyors to 

duty of the surveyors appointed in pursuance of this act, to make the surveys of the make the sur~ 

districts to which they may be appointed in their own proper person, to mark or cause to districts, and 

be marked, plainly and distinctly upon trees, if practicable, otherwise stakes may suf- tmctiy'upo* 

ftce, all lines whieh he may be required to run, for the purpose of making the surveys *[ c ^', lf jS^T 

in their respective districts immediately after the boundary and district lines shall have Vil ^ s - 

been run by the proper authority, to cause all such lines to be measured with all possible 50 equal Links 

exactness, with a half chain, containing two perches of sixteen feet and one half each. m i es l g 1 % 

° J ' - l o taice me= 

consisting of fifty equal-links, which shall be adjusted by a standard to be kept for that anders accu- 

|mrpose in the surveyor-general's office, to take as accurately as possible the meanders "rokeepneid 

of all water courses, which shall form natural boundaries, to any of the surveys— to to°be\taTked 

note in field books to be kept by them respectively, the names of the corner and other theleIn . 

station trees, which shall be marked and numbered in such manner as the surveyor-gene- which are to 

ral shall direct; also all rivers, creeks, and other water courses, which may be touched Lurvejir^S 

upon or crossed, in running or measuring any of the lines aforesaid— transcripts of e a! s oihee ' 

. - ■ "..a" l to serve as re= 

which field books alter being examined with the originals by the surveyor-general and co £ ls - 
certified and signed on every page by the district surveyor returning the same, shall be 

deposited in the surveyor-general's office, thereto be preserved as a record— to make a ofthe°disS 

return within ninety days after the running the boundary and district lines as aforesaid, in which * u 

of a map of the district to which they may respectively be appointed, in which shall be toberepresen 

ted and nunv 
bered. 



To make a 
return in SO 



292 LAWS OF GEORGIA, 



for their ser- 
vices. 



All expen- 



(No. 217.) correctly delineated, represented and numbered in such order as the surveyor-general 
detich^dplat shall prescribe ; all surveys within such district, and also, return at the same time a 

.ill such sur- detached plat of every such survey of land, certified and signed by them — which plat 
revs. . . ' „' 

shall be filed among the other records in the surveyor-general's ofhee, and from which 

Copies of a eopy & j ia i| |j e mat ie to be annexed to grants, and to conform to such instructions as they 

which are to * ^ -*' 

be annexed to may receive from the surveyor-general, ironi time to time during their continuance in 
§ran s ' office, and progress in the duties thereof, not militating with this act. 

Sec. 11, And be it further enacted by the authority aforesaid, That the surveyors 

Surveyors to s ] ia rj receive two dollars and seventy-five cents for every mile that shall be actually run oe 
receive g 2 *^ --..-•■■".* 

75 cents per surveyed, as a full compensation for all the duties required of them by this act, out of 

compensation which sum they shall defray the expenses of chain-men, axe-men, and every other 
expense incidental to the said business ; and his excellency the governor is hereby autho- 
rized and required to issue bis warrant on the treasurer in favor of each and every sur- 
veyor, immediately after the boundary and district lines are completed, to the amount of 
one hundred and fifty dollars, to enable them to proceed without delay, to the execution 

:s to be paid of their duties, for the balance of which by this law they may be entitled, they shall re-. 

f that sum. ceive a warrant in like manner, on producing to his excellency the governor, a certificate 
from the surveyor-general, setting forth that such surveyor has completed the duties 
assigned him, and made his return conformably to this act.. 

Sec. 12. And be it further enacted by the authority aforesaid, That the surveyor or 

surveyors, who may be employed in dividing the said territory into eounties and districts 

Surveyors dir s hall receive the same compensation for each mile run and surveyed, as is allowed by 

yiding the di? A »'.'■:..."' 

tricts to re- this law for other surveyors out of which, all expenses incidental thereto, must be 

compensation paid, without any additional charge on the State, and his excellency the governor is requi- 
red to grant his warrant on the treasurer for compensating that service, so soon, as he 
shall be advised by the surveyor-general of its completion,. 

Sec, 13o. And be it further enacted by the aulliority aforesaid, That the said land 

shall be distributed by lot, in tiie manner following, to wit :— -After the surveying is com* 

The aian-_ pleted, and the returns made to tSie surveyor-general, his excellency the governor shall 

:icv ior distri- - 

bating said cause tickets to be made out, whereby all the numbers of surveys, in the different dis- 

lottAv? C J tricts shall be represented, which tickets shall be put into a box to constitute prizes^ 

with others to be denominated blanks ; of which blanks the number or amount shall be 

determined by subtracting the number of prizes from the whole number of draws to 

wh ent which the said lottery shall be subject, upon the following principles, that is to say :«- 

tltd to draws- every free male white person, twenty-one years of age and upwards, being a citizen cf 

the United States, and an inhabitant of this State, three years immediately preceeding 

the passage of this act, a»id paid a tax towards the support of government; (including 



PASSED' IN THE YEATS 1800. 293 



such as may be absent on lawful business) shall be entitled to one draw,* every free (No. 217.) 
male person of like description, having a wife or legitimate child or children, under the 
a^e of twenty-one years, shall be entitled to two draws — all widows with like residence, 
shall be entitled to one draw — all free female white persons, who have arrived to the age 
of twenty-one years or upwards, who have resided in this State as above, and are un- 
married shall be entitled to one draw— all families of orphans residents as aforesaid, 
under the age of twenty-one years, whose father is dead, shall be entitled to one draw — 
and all families of orphans consisting of more than one, who have neither father nor 
mother living, shall have two draws ; hut if only one, then such orphan shall be enti- 
tled to one draw, which shall be given in, in the county and district where the eldest of Pi . J7 ;, }t 
said orphans or orphan resides : — Provided nevertheless, That the person or persons who 
drew a prize or prizes in the late land lottery, shall be excluded from any participation 
in the present lottery. 

Sec. li. t,lnd be it further enacted, That lists of persons entitled to draw in" conform- 
ity to the provisions of this act, shall be taken and made out within three months from 

Persons to 

the passing of this act, by such fit and proper person or persons as the inferior court of be appointed 
each county in this State, shall or may appoint for that purpose, not exceeding two to co Ur wotake 
each battalion district, and it is hereby declared to be the duty of the said inferior courts YlH } s of t]l03 p 

* " who are enti- 

respectively, to make such appointments for the purposes aforesaid, to attend at the place tied to draws. 
of holding justice's courts in each captain's district, on as many several days as the said .- _ , 

inferior courts may deem necessary, and appoint for that purpose ; and it shall be the doing- it. 

To be "tn.- 

duty of such person or persons, so appointed, to take and make out such lists, and to i- m - m a i prja . 

give at least ten days notice of such attendance, in the aforesaid captain's districts, and betica . 1 order 
s> J r ' — notice to be 

the names of persons so entitled to draws, with the number of draws to which they may given;- 

be entitled, shall he entered in alphabetical order, in a book to be provided for that puiv of which are 

pose, which lists or books shall, immediately after the same shall be completed, and ^ t £ e ^^ s 

transcripts thereof deposited in the office of the clerks of the superior courts, Be trans- office of the 

superior 

nutted by the said person or persons to his excellency the governor. And the said persons court. 
thus appointed by the inferior courts, shall, before they enter upon the execution of the PQm tef to- 
duty required of them by this act, take and subscribe the following? oath, to wit : — « I, tulce lists > 

^ - 1 ° must take an 

A. B. do solemnly swear or affirm (as the case may be) that I will not receive or regis- oath. 
iter any name, except the person giving in, shall first take the oath prescribed by this 

act — So help me God." Which oath any justice of the inferior court is hereby required To admin i- 

to administer j and the said person or persons appointed to take the lists as aforesaid, to applicants 

shall administer to all applicants for draws, other than widows, the following oath, to for drivws - 

wit : « I, A. B. do solemnly swear or affirm (as the case may be) that I am a citizen of The oath, 
the United States, and have resided in this State 'three, years, immediately proceeding the 



* See act of December 1806, No. 261, amendatory of this act, and dispensing- with the payment of taxes 
and making proyision for persons laboring under accidents or misfortunes. 



»0* LAWS OF GEORGIA, 



(No. 217.) passing of this act, and am now an inhabitant of (his district, that I am twenty one years 
of age; that 1 have a wife, child or children, (as the case may be) that 1 have not given ift 
.my name for any draw or draws in the present contemplated lottery in any other part 
of this State; that I have not drawn a tract of land in the former lottery, and that the 
orphan or family of orphans; whom 1 now return, is, or are entitled to a draw or draws 
under this act, to. the best of my knowledge—So help me God." And to all widows the 

owi following oath : " I, A. 15. do solemnly swear or affirm, (as the case may be) that I Mia 

a widow, that I have resided the three last years in this State, and am now resident in 
this district ; that I have not put in my name for a draw in the present lottery in any 
other part of this State, and that I have not drawn laud in the former lottery, to the best 
•-■of my knowledge and belief — So help me God." 

Such per- Sec. 15. Jlndbeit further enacted, That the person or persons appointed by the infe- 
sons to re- , t *■ ■*• • 

ceivefor eve- rior court to receive and enter the names of applicants entitled to draws in the present 

SiTtlkra lottery, shall receive for each draw so entered, twelve and an half cents. And his ex- 
12 1-2 cents. ce lleney the governor is.m reby authorized and required forthwith to issue his proclama- 
Gove'morto lioo > aud cause t!ie same to be- published in one of the gazettes of the cities of Savannah 
prochnmtio'i? aml Au S usta > and in those of LpuiPVille, Sparta, Washington and Petersburg, setting 
of this act. forth the outlines of this act, and requiring all persons interested therein, to exhibit their 
claims in the counties of their respective residence. 

After the lists Sec * 16 * An ^ &e it further enacted, That as soon as the lists, of persons entitled to 
are taken and draws in the lottery as aforesaid, shall have been received at the executive department* 

returned to ,. ..-' J ",~ , „ . T 

the Governor, nis excellency the governor shall cause tickets to be made out for carrying the said lot- 
tkhets^b * e1 ^ * nto ejn * ect > * n tne following manner, that is to say : Blank pieces of paper equal in 
.made out, number to the whole number of draws to which the lottery may be subject, and as equal 
ry. in size as possible, shall be prepared, and on them shall be written separately, the names 

of the several persons entitled to draws as aforesaid, and the designatory remarks which 
may appear against each name ; and the pieces of paper so written on, shall be deposited 
rfhe . maHner in one wheel, and the blanks and prizes on pieces of paper, also as equal in size as pos- 
of doing- it. s ible, shall be deposited in another wheel ; and from each wheel as nearly at the same 
time as can be, one ticket shall be taken and delivered to the managers appointed to super- 
intend the drawing of said lottery, whose duty it shall be to have the name, if a prize 

One months should be drawn .against it, entered in a book to be provided for that purpose, and oppo- 
noticetobe . , ' , , , , . ,„,-.. /, 

given of the site thereto, the number ol the lot so drawn, and the number of the district, and thei 

men™ofdiav-- name of the county in which the same maybe. And that his excellency the govenor 

*"£• shall cause one months notice of the day the drawing of the lottery willeommenee, to be 

given in the several Gazettes aforesaid,, 



Vacancies 



Sec. 17. And beit further enacted, That where vacancies may happen by death resigtuv 
of surveyors tion or otherwise, of any district surveyor or surveyors appointed in pursuance of this act, 

by the govern the governor is authorized and required to fill up such vacancy or vacancies. And in ease 

, or. 






PASSED IX THE YEAR 1806. 



293 



any surveyor shall fail to execute the trust reposed in him either from inattention or (No. 217.) 
otherwise, in sueh manner as in the opinion of the govenor may render doubtful the finish- 
ing the surveys within the time limited, he shall have power to declare such appoint- 
ment vacant, and to fill up the same as in case of other vacancies. 



Sec 18. And be it further enacted by the authority aforesaid^ That the surveyors to 
be appointed in pursuance of this act, shall before they proceed to the duties of their ap- 
pointments, take and subscribe the following oath -or affirmation, to wit " I , do 
solemnly swear or affirm (as the case may be) that 1 will well and faithfully to the utmost 
of my skill and abilities discharge the duties of surveyor for district No. , agreeably 
to the requisitions of this act — So help me God/' Which oath the surveyor general is au- 
thorized and required to administer. And all chain men to be employed in pursuance of 
this act, shall before they enter severally upon their duty* take the following oath or affir- 
mation to wit. I , do solemnly swear or affirm (as the case maybe) that I will to 
the utmost of my skill and judgment, measure- all lines which I shall or may be employed 
on as a chain carrier, as accurately, and with as little deviation from the courses pointed 
out by the surveyor as possible, and give a true account of the same to the said surveyor 
, So help me God." Which oath the district-surveyors are hereby empowered and re- 
quired to administer? 



Surveyors to 
take an oath, 

The oath, 



Chainihen to 
take an oath. 

The oaths 



Sec. 19. And whereas it may so happen, that persons may have surveyed lands 
in the aforesaid cession contrary to law, and on which grants may have issued : 

Be it therefore enacted by the authority aforesaid, That all such surveys or grants, are 
hereby declared to be null and void, to all intents and purposes, as though the same had 
never been made or issued ; nor shall any survey or grant in the aforesaid cession, be 
admitted to a jury, as evidence of the title to the lands in this act described, except 
those obtained by virtue and under the authority of this act, any law to the contrary, 
iiotwith standing. 

Sec. 20. And be it further enacted, That all persons against whose names lands 
may be drawn in pursuance of this act, shall be entitled to receive grants for the same, 
vesting in them fee simple titles, on paying into the treasury of this State, the sum of 
six dollars per hundred acres, in lieu of all fees of office and other charges for survey- 
ing and granting the said lands. Provided nevertheless, That if any person or persons 
entitled to such grant or grants, shall fail to pay the aforesaid sum, and take out such 
grant or grants, within twelve months from the completion of the lottery, the same shall re- 
vert to and be vested in this State, and appropriated for the redemption of the public debt.* 

Sec. 21. And be it further enacted by the authority aforesaid, That all returns made 
«ontrary to the true intent and meaning of this act, are declared to be fraudulent, and 

* S«e act of 1808, No. 227, extending the time, 



All grants 
other than in 
virtue of this 
act, for said 
lands declar- 
ed void, 



Fortunate 
drawers to 
have grants 
upon paying" 
into the trea- 
sury six dol- 
lars, per hun- 
dred acres, 
of said land. 

Proviso. 

To be done 
in a certain 
time, or the 
land to revert 



All returns 
made contra- 
ry to this law, 
declared frau- 
dulent, and 
grants on the 
same void, 



296 LAWS OF GEORGIA, 



(No. 217.) all grants issued in consequence of any draw made in the contemplated lottery, on such 
fraudulent return, is hereby declared to he null and yoid, and the land so granted shall 
revert to, and become the property of this State. 

ABRAHAM JACKSON, Speaker of the Rouse of Representatives, 
JARED IRWIN, President of tlic Senate, 
Assented to, June 26, 1806. 

JOHN MILLEDGE, Governor. 



($<>. 218.) 



AN ACT 

To amend an act, entitled " An Act to organize the counties of Baldwin and 

WiUtinsoiu" 

' ' JOE it enacted by the Senate and House of Representatives of the State 

of Georgia, in General Assembly met, and by the authority of the same it is hereby enacted, 

county offi-° That an election shall he held in the county of Baldwin, at the house of George Hill, 

ee.rs fo f Ba)4- commonly called Hillsborough, on the second Monday in July next, for the election of 

win to be held J ° . 

at Hiiisboro. clerks, sheriff, coroner and county surveyor, for the said county, at which election all free 

to vote- white male citizens who have arrived to the age of twenty one years, who were resident 

in, and citizens of the said county, on the first day of June, one thousand eight hundred 

and six, shall he entitled to a vote; which election shall be opened and conducted in the 

manner prescribed by the act regulating elections in this State. 

Sec. 2. And be it further enacted, That it shall he the duty of the justices of the 

inferior inferior court, sheriff and clerk of the superior courts of Baldwin and Wilkinson counties. 
court, Sherrrt * 

and clerk to as soon as possible after the said officers are commissioned, to proceed to select the 

and petit ju- grand and petit jurors for the counties aforesaid; and shall also proceed to draw the said 

drawa i d t0 jurors for the next term of the said courts, and cause them to be subpoenaed, at lcasHbuv 

nion them to days before the meeting of the said courts, any thing in the act entitled (( An act for the 

'both counties, better selection and drawing of grand jurors for the several counties in (his State," or any 

law, usage or custom to Xhe contrary notwithstanding. 

Duration of Sec. 3. And be it further enacted, That this act shall continue and be in force until the 
tins iacj. f irs ^ M on< i a y i n June next, and no longer. 

ABRAHAM JACKSON, Speaker of the House of Representatives, 
JARED IRWIN, President of the Senate. 
Assented to June 26, 1806. 

JOHN MILLED GE, Governor. 



PASSED IN THE YEAR 1806. 297 



AN ACT (No. 219.) 

Scfiuring upon certain conditions to Joseph Hill, his heirs or assigns, the exclusive right to 
erect a bridge over Ogechee river, at, or near the place where a bridge tvas heretofore 
erected, by Wade Hampton and James Gunn. 

TT HEREAS by an ordinance passed the sixth day of December one thousand seven 
hundred and ninety, the exclusive right to erect a bridge over Great Ogechee river in 
the county of Chatham, at the place where the ferry was then kept, was vested in Wade Preamble, 
Hampton and James Gunn, esquires, in which it was also provided " that the said bridge 
be completed on or before the last day of December, one thousand seven hundred and 
ninety- two and rebuild when necessary and keep the said bridge in good and sufficient 
repair." And whereas the said bridge, although built agreeably to the directions of the 
aforesaid in part recited ordinance, has been suffered to decay, and has long since been 
entirely insufficient for the purposes intended, and the parties interested therein have 
wholly neglected to repair the same, by which the intention of the legislature hath not 
been carried into effect, and the right intended to be secured to the said Wade Hampton 
and James Gunn, and their heirs and assigns, become void. 

Sec. 1. BE it therefore enacted by the Senate and House of Representatives of the 
State of Georgia in General Jlssembly met, and it is liereby enacted by the authority of 
the same, That all rights and emoluments vested by the aforesaid ordinance of the sixth Former right 
day of December, one thousand seven hundred and ninety, in Wade Hampton and James an/wade"™ 
Gunn, and their heirs or assigns, so far as respects the said bridge on Great Ogechee Hampton, 

.. r.^ii 11 ..i'*»i * made null and 

river in the county ot Chatham, and the emoluments arising therefrom, be, and the same void. 
are hereby declared to be null and void. 



and rested in 



Sec. 2. JLnd be it further enacted by the authority aforesaid, That the exclusive pri- 
vilege of erecting a bridge over the river Great Ogechee, at or near the plaee where the 

. . r ana vesxea r 

ierry is now kept, in the county of Chatham, is hereby fully and absolutely vested in Joseph Hill, 
Joseph Hill, who at present resides at, . and keeps the said ferry, his heirs and assigns, 
with the right of building the same, either with wood or stone, on the following terms and 
conditions, viz — That the said Joseph Hill, his heirs or assigns, shall erect the said upon certain 
bridge in a complete and substantial manner, at least sixteen feet in width, and eapable of conditions - 
sustaining and passing all carriages in common use, within three years from the date here- 
of, and rebuild the same when necessary and keep the said bridge in good and sufficient 
repair forever : To hold the same and all emoluments arising therefrom, to the said Joseph 
Hill his heirs and assigns. 

in n i t • /• i Certain pie- 

Sec. o. And beitfarther enacted, That the said Joseph Hill shall also have to him, his ces f g«*M 
heirs and assigns, one quarter of an acre of the public land, on the south side of the said Sb^igS 

q 2 lowed him. 



M* LAWS OF GEORGIA, 



(No, 219.) ferry, to be put and kept in good order and repair, by the said Joseph Hill, within three 
months after the date hereof, and at all times thereafter, and also one acre of the high 

land on the north side, not to include the building called the ferry house and that the 

said lots of land shall be allotted and marked ofFby the surveyor of Chatham county when 
required by the said Joseph Hill, his heirs, executors, administrators or assigns, and after- 
ten days notice of the time of making such survey being given to the inferior court of Chat- 
ham county. 

The toll the Sec. 4t Jlnd be it further enacted, That the said Joseph Hill, his heirs, executors 

given to slid administrators or assigns, be entitled to receive, and may legally demand, during the 

aSnptoi? continuation of the said bridge, a toll equal to that heretofore granted to the said Wade 

Hampton and James Gunn, and shall and may at all such times as the said bridge may 

be impassable from accident or decay, have the free and quiet enjoyment of the ferry 

on the same conditions as that of the bridge. 

Sec. 5. And be it further enacted, That it shall not be lawful for any person or per- 

No one to e- sons, at any time or times, to build any bridge or keep any ferry on the said river Great 

S? mS of Ogechee, within five miles, either above or below the said bridge, which is hereby exclu- 

said bridge, s ively vested in the said Joseph Hill, his heirs and assigns : Provided, That such bridge 

Not to im s h a H n °t be s0 constructed as to impede the navigation of said river — but that it shall be a 

P.ede naviga- draw-bridge, so as to admit vessels that are usually employed in the said river to pass and 

repass the same. 

Sec. 6. BE it further enacted, That this act shall be deemed, adjudged and taken t® 
He act. be a public act, and shall be judicially taken notice of as such, by all judges, justices and 

other persons whatsoever without specially pleading the same. 

ABRAHAM JACKSON, Speaker of the House of Representatives. 

JARED IRWIN, President of the Senate. 

Assented to, June 26, 1806. 

JOHN MHLLEDGE, Governor. 



PASSED IN THE YEAR 1806. 



299 



AN ACT 



(No. 220.) 



For amending an act, entitled " An act for regulating the tvharves and shipping in the 
several ports of this province, and ascertaining the rates of wharfage of shipping and 
storage, and also the duty of the Harbor-Master for the port of Savannah," and to 
authorize the said Harbor-Master to put in force an act, entitled " Jin act to amend 
an act, to prevent persons throwing ballast or rubbish, or falling trees into the rivers 
and navigable creeks within this province, and for keeping clear the channels of the 
same." 



W, 



HERE AS the increase of the trade of the city of Savannah and the increased num- 
ber of shipping entering the port of Savannah, render it necessary to extend the provisions 
of the second section of the act, entitled « An act to regulate the wharves and shipping in 
the several ports of this province, and ascertaining the rates of wharfage of shipping and 
storage, and also the duty of an Harbor-Master, for the port of Savannah," and to 
authorize the said Harbor-Master to put in force an act, entitled « An act to amend an 
act to prevent persons throwing ballast or rubbish, or falling trees into the rivers and 
navigable creeks within this province, and for keeping clear the channels of the same," 
passed the 12th day of March, 1774. 

Sec. 1. BE it therefore enactedby the Senate and House of Representatives of the State 
of Georgia in General Assembly met, That from and after the passing of this act, all and 
every vessel lying in the river Savannah, above four mile point, and not loading at any 
wharf, shall be properly moored, head and stern, as near the north side of the river as pos- 
sible ; and that no vessel, not loaded, shall be permitted to be, for the purpose of loading 
or taking in their loading, in the middle of the said river on any pretence whatever, but 
that whilst taking in her loading, or whilst unloading as aforesaid, in any part of the 
said river Savannah, above four mile point as aforesaid $ all and every vessel shall do the 
same at some one of the wharves of the said city of Savannah, or five fathom hole, or at 
any other which may be hereafter built or erected between the said four mile point and 
the said city of Savannah, as the case may be ; and shall be subject to and liable for the 
usual and customary rates of wharfage therefor. 

Sec. 2. And be it further enacted by the authority aforesaid, That all and every master 
or commander of any vessel, who shall neglect or refuse to comply with the provisions 
of this act, shall forfeit and pay the sum of four hundred dollars, to be sued for and reco- 
vered by aetion of debt, in the name of the person choosing to prosecute for the same, in any 
of the courts of this State, having competent jurisdiction, one half whereof shall be appli- 



Preamblei 



No vessel 
lying in Sa- 
vannah river, 
above four 
mile point, to 
load or unlo; d 
but at a wharf 



Penalty for 
breach of this 
act. 



3W JLAWS OF GEORGIA, 



(No. 220.) ed to the use of the informer, and the other half to be paid to the commissioners of pilotage 
of the port of Savannah, to be applied to the purpose of improving the navigation of the 
river Savannah. 

ABRAHAM JACKSON, Speaker of the House of Representatives. 
JARED IRWIN, President of the Senate, 
Assented to. June 26, ±806, 

JOHN MILLEDGE, Governor. 



(No. 221.) AN ACT 



To make permanent the site for the public buildings in the county of Tattnall, and to ap~ 
point commissioners for that purpose. 



" XBE it enacted by the Senate and House of Representatives of the State of 
cSTppSntTd" Georgia, in General Assembly met, That Clement Bryan, William Williams, Shadraeh 
site for 0, the he Standle y> Jesse Bird > sen * and Joim Watts » ue > a «d they are hereby appointed commissi- 
pubiic build- oners for fixing on the site of the court-house and jail in the county of Tattnall, and that 

insfs of Tatt- 

nail county. they, or a majority of them, shall, within twelve months after the passing of this act, 
meet at the present temporary court-house of said county, and fix upon the place for the 
permanent seat of the public buildings of said county, which shall be as near the centre; 
of said county, as shall be expedient. 

Sec. 2. And be it further enacted by the authority aforesaid, That the said commissi^ 
tklaTf oners, or a majority of them, after having agreed npon the permanent site for the public 
that purpose, buildings of the county aforesaid, shall have full power and authority to purchase or other- 

and contract A • • . , , „ , „ . , 1 . . 

for building- wise procure titles in fee simple, in trust lor the aloresaiu county, not less than six, or 
the same. m0 re than one hundred acres ©f land ; and after having made choice of so much of said 
land as may be thought necessary for the public buildings, to lay off in lots and dispose 
of the same, as in the judgment of the said commissioners or a majority of them shall 
think will be most conducive to the interest of said county ; and the said commissioners or 
a majority of them are hereby authorized and required to contract for, and cause to be 
built, a court-house and jail of such dimension and on such plan as they shall deem most 
convenient to answer the end proposed, of which said contract for erecting said buildings 
the said commissioners or a majority of them, shall give at least thirty days public notice 
thereof. 



PASSED IN THE YEAR 1806, 



301 



Sec. 3. And be it further enacted, That the justices of the inferior court of said coun- (No. 221.) 

ty shall be, and they are hereby authorized and impoweredto lay a tax on the inhabitants r ^ sec \ x t0 °a e e . 

and taxable property of the same, which tax shall not exceed one fifth of the general tax, fra # the *** 

and the monies arising therefrom, or so much thereof as will be sufficient to defray the same. 
expenses of the public buildings, shall be paid into the hands of the eommissioners of the 
same, to be applied to and for that express purpose. 

Sec. 4. And be $ further enacted, That the superior and inferior courts shall be held Courts to be 
in the two story house at Cox's old mills, in<he county aforesaid, until the aforesaid pub- ia mills un- 
lic building shall be completed, and no longer. com^eteT '* 

Sec. 5 BE it enacted by the authority aforesaid, That all laws and parts of laws, here- , Ke P ealin g 
tofore passed, which militate against this law, be, and they are hereby repealed. 

ABRAHAM JACKSON, Speaker of the House of Representatives. 

JARED IRWIN, President of the Senate, 

Assented to, June 26, 1806. 

JOHN MILLED GE, Governor, 



AN ACT 

To amend an act, entitled " An Act, to amend and continue in force, an act to raise a 
tax for the support of government, for the year 1805, until the meeting of the next 
General Assembly, and from thence until tJie same shall be repealed"— passed at Louis- 
ville, the kth of December, IS 05. 



IE it enacted by the Senate and House of Representatives of the State of 
Georgia, in General Assembly met, and by the authority aforesaid, it is hereby enacted, 
That the tax imposed by the aforesaid act, upon the branch bank of the United Stales, 
at Savannah, be reduced to thirty-one and a quarter cents, per hundred dollars, upon 
the amount of capital of said bank, on the first day of January lasL* 



• See act of December, 1806, No. 267, section 6, making this sum of 31 1 4 cents on every hundred dol- 
krs amount of capital, the unconditional tax on any banking in.this State. 



(No. 222.) 



Tax on bank 
stock, redu- 
ced. 



502 LAWS OF GEORGIA, 



(No. 223.) Provided, The directors or cashier of said bank shall render on oath to the receiver 
of ts\x returns a true account of the capital of said branch bank, on the said first day of 
January last, within sixty days from the passing of this act, and in default of making 
such return, the tax imposed by the above recited act, shall be levied and collected as 
directed therein. 



Proviso. 



ABRAHAM JACKSON, Speaker of the House of Representatives, 
JARED IRWIN, President of the Senate. 
Assented to, June 26, 1806. 

JOHN MILLED GE, Governor. 



(No. 223.) 



AN ACT 

To pardon Sally Nelson. 



W, 



HERE AS at a superior court held in and for the county of Jackson, for April 
term, in the year of our Lord, one thousand eight hundred and six, a certain Sally Nelson 
Preamble was conv i c ted of the crime of murder, and received sentence of death, to be executed on 
the nineteenth day of May, in the said year of our Lord, one thousand eight hundred and 
six — but, on the petition of sundry persons, inhabitants of said county, and others, to his 
excellency the Governor, praying a respite for the said sally Nelson, which was granted 
until the nineteenth day of December next. 

BE it enacted by the Senate and House of Representatives of the State of Georgia in 

Sally Nelson General Assembly met, and by the authority of tlie same, That from and immediately 

after the passing of this act, the said Sally Nelson, be, and she is hereby declared to be 

fully, and entirely pardoned, exonerated and discharged from the pains and penalties of her 

said conviction. 

ABRAHAM JACKSON, Speaker of the House of Representatives. 

JARED IRWIN, President of the Senate, 

Assented to, June 26, 1806. 

JOHN MDLLEDGE, Governor. 



PASSED IN THE YEAR 1806. 505 



AN ACT (No. 22k) 



To alter and repeal " An Act to authorize the Justices of the Inferior court of Frank- 
lin county to levy an extra tax for the purpose of building a court-house and jail in said 
county, and making permanent the seal of the public buildings in said county." 



"^E it enacted by the Senate and House of Representatives of the State of 
Georgia, in General Assembhi met, That the justices of the inferior court of the county of 

° . An extra tax 

Franklin, are hereby authorized to impose a proportionate extra tax on the inhabitants of aliowedFrank 

said county annually, equal to one half of the general tax, until they shall have collected purposes U ' 

a sum of money sufficient to defray the expenses of building a court-house and jail in said 

county ; which said tax shall be collected in the same manner as the general tax ; out of 

which sum the tax-collector shall be entitled to receive two and one half per centum for 

his services ; which said tax when collected shall be set apart for the special purposes above 

mentioned. 

Sec. 2. And be itfurther enacted, That the justices aforesaid, shall, within fourmonths Justices of 

from the passing of this act, let the said buildings to the lowest bidder, at the place eon- \ iet°the pub' 

templated for the erection of said buildings, which shall be at the town of Carnesville, or lie buildings. 
the nearest adjacent situation thereto, to which sufficient titles can be obtained. 

Sec. 3. And be itfurther enacted, That the law heretofore passed on that subject, he, Repealing 
and the same is hereby repealed.* 

ABRAHAM JACKSON, Speaker of the House of Representatives. 
JARED IRWIN, President of the Senate. 
Assented to, June 26, 1806. 

JOHN MILLEDGE, Governor. 



AN ACT 



(No. 225.) 



To alter and repeal certain parts of an act, entitled « An Act, for the limitation of 
actions, and for avoiding suits of law, and to repeal the act passed on that subject, 
the 26th day of March, 1767, for the better and more effectually quieting men's pos- 
sessions and estates, and for avoiding suits at law ;" parsed the 7th of December, 1805. 



_SJ E it enacted by the Senate and House of Representatives of the State of Geor- Vers . ons * om 
gia, in General Assembly met, and by the authority of the same, it is hereby enacted, tions before, 



and discontin- 



* See act of 1806, No. 232, on this subject, and repealing all other laws. uin £ or bein £ 



so* 



LAWS OF GEORGIA, 



(No. 225.) 

non-suit, ut- 
ter the term 
of limitation 
is expired, al- 
lowed six 
months forone 
time only, to 
renew his ac- 
tion. 
Act of 1767, 
revived, 
and 5th sec- 
tion of the act 
of 1805 re- 
pealed. 



That when any action shall be instituted within the time limited in the said recited act, 
and the plaintiiF be non-suited, or shall discontinue the same after the term of limitation is 
expired, that he shall be permitted to renew his action within six months thereafter, for 
one time onS v, and not after. And so much of the second section of the said act as is 
repugnant hereto, be, and the same is hereby repealed. 

Sec. 2. JLnd be it further enacted, That the above recited act passed in one thousand 
seven hundred and sixty- seven, be, and the same is hereby declared in full force, as to 
all actions and causes of actions which originated under it. And that the fifth s^etioa of the 
recited act passed in 1803, be, and the same is hereby repealed.* 

ABRAHAM JACKSON, Speaker of the House of Representatives 

JARED IRWIN, President of the Senate. 

Assented to, June 26, 1806. 

JOHN MILLEDGE, Goveknoil 



(No. 226.) 



Preamble. 



Commission- 
ers appointed 
to mark the 
dividing- line. 



AN ACT 

To authorize certain commissioners therein named, to define, ascertain and new mark 
the dividing line between the counties of Elbert and Franklin. 

'J 



HEREAS the line dividing the counties of Elbert and Franklin, has never been 
properly defined and ascertained — and difficulties having already arisen for the want of 
such ascertainment : For remedy whereof, 

Sec. 1. BE it enacted by the Senate and House of Repitsentatives of the State of 
Georgia, in General Assembly met, That Richardson Hunt and William Pulliam, citizens 
of the county of Elbert and John Martin and James Little, citizens of the county of 
Franklin, shall be commissioners for and on the part and behalf of the counties aforesaid, 
who shall be invested with full power and authority to define and ascertain the said line, 
and plainly to mark the same : which line when so marked as aforesaid, by the commis- 
sioners aforesaid, or a majority of them, shall be deemed, held and taken, as the true line 
of division between the said counties. 



See act of 1806, No. 264, reviving the act of 176", and declariag it in full force from the 1st February, 
1793 and repealing all others militating against the true intent and meaning of said act of 1806. 



PASSED IN THE YEAR 1806, S03 



Sec. 2. And he it further enacted, That the said commissioners shall receive as a com- (No. 226.) 

"owed 
s per 



pensation for their services, the sum of three dollars each per day ; which shall be paid hy a^uar, 01 * 



the inferior court of each of the aforesaid counties, out of the county funds. day - 

Sec. 3. And he it further enacted, That in case of the death, disability, or refusal Justices of 

to act, of any of the aforesaid commissioners, the justices of the inferior court of the c ^ r 1 " ^j 10 ^ 

county in which the same may happen, shall immediately proceed to fill such vacancy. vacancies, 



Sec. 4. And he it further enacted, That the said commissioners shall make return of Tomakere- 

their proceedings to the inferior courts of their respective counties, on or before the last * ut ? t0 the m ' 
1 ° tenor court, 

day of July next. 

Sec. 5. And he it further enacted. That all laws heretofore passed on that subject, c i auS e, pea mg 
he, and the same are hereby repealed.* 

BENJAMIN WHITAJKER, Speaker of the House of Representatives, 

EDWARD TELFAIR, President of the Senate, 

Assented to, November 2i, 1806. 

JARED IRWIN, Governoe, 



AN' ACT' 

For the hetter regulation and government of the town of Watkinsvilte, in the county 

of Clarke*, 



(No. 237.) 



* D&it enacted hy the Senate and Bouse of Representatives of the State of 
Georgia, in General Assemhly met, That Bedford Brown, Edward Bond, and Robert 
Echols, shall be commissioners of said town, and their successors in office, shall have full SSSSS&. 
power and authority to pass all bye-laws and regulations which may be necessary for the 
improvement and repairing of the streets of the said town, and the preservation of the 
public spnngs-Prom^, That such bye-laws and regulations, shall not be repugnant to 
the constitution and law s of this State, arid that no penalty thereby imposed shall extend 

m^Lmv^^ m7 ' N °' 3 ° 3 ' repealin S thisandallother act S onth9 subject, and appointing other ^ 



Commission* 

rs named and 

their pov/ers 

Proviso. 



BOS 



LAWS OF GEORGIA, 



(No, 337.) to corporeal punishment (except to people of color)— And provided also, That the said 
commissioners shall not impose any tax upon the citizens of the said town which shall 
exceed one dollar on each poll within the term of one year,, 

Sec. 3. And be it further enacted. That the said commissioners shall continue in. 
office until the first Monday in January, one thousand eight hundred and eight, and on 
the first Monday in every year thereafter, on which day all the free male white citizens 
of the said town who have given in their taxable property, and who are entitled to . vote 
for members of the General Assembly, shall assemble at the court-house in said town, 
and by ballot elect other commissioners, who shall continue in. office for one year; at 
which election, two justices of the peace for the said county shall preside : Provided 
nevertheless. That the said commissioners shall be re-eligible to the said appointment. 



How- to be e= 
lected. 



Proviso. 



BENJAMIN WHITAKER, Speaker of ■ the House of Representatives, 
EDWARD TELFAIR, President of the Senate, 



Assented to, November 24, 1806. 



JARED IRWIN, Go yebkob. 



(ISfo, 228.) 



. Commission- 
ers appointed, 
and their 
powers, 



J?rov.zSo. 



'AN ACT 

To regulate the town of Jefferson, in the county of Jackson, andtd make permanent the 
seat of the public buildings of said county. 



Sec. lo J£| E it enacte £ i ytne Senate and House of Representatives of tlie State of 
Georgia, in General Assembly met, and by the authority of the same, it is hereby enacted, 
That Buckner Harris, David Witt, John Alleu, Thomas Hyde, and Stewart M<Cravy„ 
Esquires, shall be commissioners of said town, and their successors in office, shall have 
full power and authority to pass all bye-laws and regulations which may be necessary 
for the improving and repairing of the streets of the said town, and the preservation of 
the public springs— Provided, That such bye-laws and regulations be not repugnant to 
the constitution and laws of this State, and that no penalty thereby imposed shall extend 
to corporeal punishment (except on slaves or persons of colour) — And provided also, That 
the said commissioners shall not impose any poll tax upon the citizens of the said toWQ 
which shall exceed one dollar, within the term of one year. 



PASSED IN THE YEAH 180& 



s&r 



Sec. 2. And be it further enacted, That the said commissioners shall continue in (No. 22S.) 
office until the first Monday in January, eighteen hundred and eight, on which day and on e i cc °^, tc 
the first Monday in January every year thereafter, all free male white citizens of the 
said town, who shall have given in their taxable property, and are entitled to vote for 
members of the General Assembly, shall assemble at the court-house of said county 3 
and by ballet elect other five commissioners, who shall continue in office for one year, p rovis0j 
at which election any two justices of the peace of said county shall preside: Provided 
nevertheless, That the said commissioners shall be re-eligible to the said appointments. 

The town of 

Sec. 3. Jind he it further enacted, That the said town of Jefferson, be and the same Jefferson, the 
is hereby declared to be the permanent seat of the public buildings, and of the admini- sfte^Tthe 
stration of public justice in said county» P^ s Uc buikl " 

BENJAMIN WHITAKER, Speaker of the House of Representatives, 

EDWARD TELFAIR, President of the Senate. 

Absented to, November 2 i, 1806» 

JARED IRWIN, Governor, 



AN ACT* 



To regulate the town of Lexington. 



Sec. i: 



(No. 229.) 



E it enacted by the Senate and House of Representatives, in General Jlssem- Commission- 
My met, and by the authority of the same it is hereby enacted, That Mathew Gage, Se£ power?- 
George Philips, John Gresham, Thomas W. Cobb, and George Pascal, and their suc- 
cessors in office, shall be commissioners of the said town, and shall have full power and 
authority to pass all bye-laws and regulations which may be necessary for the improving 
and repairing of the streets of said town, and the preservation of the public spring — 
Provided, That such bye-laws and regulations shall not be repugnant to the constitution 
and laws of this State, and that no penalty thereby imposed shall extend to life, limb, or 
corporeal punishment on white persons ; JLnd provided also, That the said commission- 
ers shall not impose any poll tax upon the citizens of the said town ? which shall exceed 
one dollar within the term of one year* 



Proviso. 



Proviso. ; 



'This act amended by act of 1807, No. 302- 



aoa LAWS OF GEORGIA* 



How to be 

elected. 



(No. 229.) Sec. 2. And beit further enacted, That the said commissioners shall continue in office 
until the first Monday in January, 1808, on wbichday, and on the first Monday in January 
in every year thereafter, ail the free male white citizens of the said town, -who shall have 
given in their taxable property, and who shall be entitled to vote for- members of the 
General Assembly, shall assemble at the court-house in said town, and by ballot elect 
five other commissioners, who shall continue in office for one year, at which election any 
two of the justices of the inferior court, or justices of the peace of said county shall 
preside : Provided nevertheless, That the said commissioners shall be re-eligible to the 
said appointments. 

-BENJAMIN WHITAKJER, Speaker of tlie House of Representative^ 

EDWARD TELFAIR, President of the Senate. 

Assented to, November 2-i, 1806. ~. 

JARED IRWIN, Governor 



,AN ACT 
(No. 230.) 

To authorize the trustees of the University, through the aid and assistance of cer- 
tain commissioners herein named, te establish a lottery, for the purpose of raising 
three thousand dollars, to purchase a library for the use of the University, 

Sec. i. JJ E u enacted by the Senate and House of Representatives of the State of 

■ Lottery al- • , , i V j> i^ ai, • • 

lowed the u- Georgia, in General Assembly met, That it shall, and may be lawful lor the commissioners 

•£2 tooodol herein after named, to establish a lottery, whereby they may be enabled to raise the sum 
lars ' of three thousand dollars, for the purpose of purchasing a library for the use of the Uni- 

versity of this State, under such schemes and regulations as they, or a majority of them, 
may deem necessary and proper to carry into effect the above recited object 

Sec. 2. And be it further enacted, That Thomas Gumming, John Murray, John 
Willsonj the elder, John Twiggs, and Thomas Flournoy, be, and they are hereby 

Commission- - * . °° , ' ■ 

cis named, appointed commissioners to earry into effect the aforesaid lottery. 

BENJAMIN WHITAKER, Speaker of the House of Representative?* 
EDWARD TELFAIR, President of the Senate* 

Assented to, November 28, 1806. 

. ■ :3 WIN* Governor. 



PASSED IN THE YEAR 1806, 209 



AN ACT (No. 231.) 

<To amend, an act, entitled, ei An Act to empower the inferior courts of the several coun- 
rties in this State, to order the laying out of public roads, and to order the building and 
keeping in repair of ' public bridges," so far as respects' the county cf Effingham. 

Sec. 1. |< j, -j enac i e( i That all overseers of roads, who shallrefuse or neglect to do their p^aeers «$ 

■ m - m ' ° glectmg their 

duty as is directed by this act, or shall not keep the roads and bridges over small water duty, liable to 

• -s i j i • ' i , „,* . a Penalty of 

courses, and cause-ways over swamps and low lands in repair, or let them remain un- 200 dollars. 
Cleared or out of repair, for and during the space of thirty days, unless hindered by 
extreme bad weather, such overseer shall forfeit for every such offence the sum of two 
hundred dollars— one moiety thereof to the informer, and the remainder to the use of 
the county, to be recovered by warrant or execution to be issued by the inferior court 
of the county where such default shall happen 5 which court is hereby authorized and em- 
powered to examine into such default in a summary manner, after having given twenty 
days notice to such overseer, to come forward and exculpate himself from such charge. 



How appli- 
ed and how" to 
be recovered- 



This act in 
force only in 

Effingham only, Effingham. 

Sec 3. And be it further enacted, That the fifth section of the above recited &ct, so 5th section 

of the I 
recited j 
pealed, 



Sec. 2. And be it farther enacted. That this act shall be in force in the county of 



far as respects the county of Effigham, be, and the same is hereby repealed. recited act^e 



BENJAMIN WHITAKER, Speaker of the House of Representatives, 
EDWARD TELFAIR, President of the Senate, 
Assented to, November 28, 1806. 
JARED IRWIN, Go verkok, 

-AN ACT 

To make permanent the seat of the public buildings in the county of Franklin ani 
to appoint commissioners to erect the said buildings* 



to. 3S2*) 



'Sec 1 Jx~£ 

' AJe it enacted by the Senate and House of Representatives of the State of er ^^ n f lle 

Georgia, in General Assembly met, That Carnesville, in the county of Fraaklip, shall be site of the 

the permanent seat of the public buildings thereof. 



public build* 

ings. 



;uu 



RAWS OF GEORGIA, 



(No. 232.) 
Commissioi:- 
cts named to 
erect said 
buildings. 



Sec 2. And be it further enacted, That James Terrel, Obcdiah Hooper, Joseph 
Chandler (of Broad river) Frederick Beall, and Benjamin King, be* and they arc hereby 
appointed commissioners to erect said building," and they or a majority of them, arc 
hereby fully authorized and required, after giving twenty days notice, at three or more 
of the most public places in the county, shall contract for, or let the building of the 
court-house and jail, of such dimensions, and on such plan as they shall deem most con- 
venient to answer the end proposed, at the place aforesaid, 

Authorized Sec. 3. And be it further enacted, That the said commissioners, or*a majority of 
o draw on the fl iem are hereby authorized and empowered to draw on the funds of the said county for 

funds of said ' " , ■_ i' ,,, 

county for ne- such sums of money as may be necessary to defray the expense ol said buildings. 

cessary expen 
ses. 

Sec. 4. Jlnd he it further enacted, That all laws or parts of laws, heretofore pas»- 
Itepeahng :■''■, . . , > . i • * , , , 

clause sed, that militates agamst this act, be, and the same is hereby repealed.. 



BENJAMIN WHITAKER, Speaker of the House of Representatives* 
EDWARD TELFAIR* President of the Senate. 
Assented to, November 29* 1806. 
JARED IRWIN,, Governs 



io. 233. 



An extra 
tax allowed 
Hancock for 
county purpo- 
ses. 



Proviso. 

proviso. 



AN ACT 

To authorize the justices of the inferior court of Hancock county to levy an extra tax 
for the pmpose of building a neiv jail, and making such repairs to the court-hous& 
of said county, as may appear necessary. 

° JOE it enadedby the Senate and House of Representatives of the State 
of Georgia^ in General Assembly met, and it is hereby enacted, by the authority of 
the same, That the justices of the inferior court of Hancock county shall be, and they 
are hereby authorized to levy an extra tax on all persons and property in said county, 
liable to taxation, for the purpose of building a new jail, and making such repairs to the 
court-house of said county as may appear necessary and proper— Provided, the amount 
so levied shall not exceed one third part of the general tax— And provided also, that the 
said levy shall not be continued more tbaa three years. 



PASSED IN THE YEAR 1806. 311 



Sec. 2. Andbeit further enacted, That the collector of tax for said county shall col- (No. 233.) 
rlect and return to the court the amount so levied, to be by them applied to the purposes ijjjjj 
j aforesaid, after deducting the lawful per cent, for collecting the same.* 

BENJAMIN WKITAKER, Speaker of the House of Representatives* 

EDWARD TELFAIR, President of the Senate. 

.^Assented to, November 29, ±806, 

JARED IRWIN, Governor. 



Preamble. 



■AN ACT pjo. 33*.) 

"To regulate tlie election of Aldermen for the city of Savannah, and the city officers, and 
, to repeal the laws heretofore passed on that subject. 

YY HEREAS by the present mode of electing aldermen for the city of Savannah, a 
great number of citizens are wholly disfranchised, deprived of the inestimable privilege 
of voting for their representatives, and subject to penal laws, arbitrary fines and taxes, 
imposed upon them without their consent, in direct violation of the fundamental princi- 
ples of the constitution. '• 

Sec. 1. BE it therefore enacted by the Senate and House of Representatives of p resen t ma y-.," 

the State of Georgia, in General Assembly met, and it is enacted by the authority or and aMei "- 

qf the same, That the present mayor and aldermen of the said city, shall continue in tinue in office 

office until the first Monday in September next, and from thence until their successors Monday in 

shall be duly elected and qualified, according to the directions of this act. • September 

S ■ 

Sec. 2. And be it further enacted by tlie authority aforesaid. That on the said first An election 
Monday in September next, and on the first Monday in September in every year thereafter to be held on 
an election shall be held in the court-house in Savannah, for aldermen to represent the day in every 
several wards of the said city, by three or more justices of the peace, or justices of the sa^daMermea 
inferior court, not being candidates, whose duty it shall be to preside at, and superin- 
tend the said election; and it shall be the duty of the sheriff of the said city to attend? 
the said election, with two or more constables to keep and preserve order. 



See act of 1807, No. 314 amendatory of this act. 



813 LAWS- OF GEORGIA, 



(No. 234.) Sec. 3. And be it further enacted, That the said election shall be by the eitizens, 
lied h to vote*" inhabitants of the said city, who shall have resided therein six months previous to the 
at said elec- day of election, and who are entitled by law to vote at elections, for representatives or 
members of the legislature of this State, and the said election shall be opened, conduct- 
ed and closed in the same manner as is established by law for elections of members of 
the legislature. 

The said e- Sec. 4v And be it further enacted, That at the said eletions, the said electors shall elect 

lectors to ap- 

point at the from among the citizens generally, one alderman for each of the wards of the said city 
place the city an( * s ^ ia ^ a ^ the same time elect a city-marshal, sheriff, clerk of the council, clerk of 
officers. ti^ ma yor's court and clerk of the market, which said officers shall give such security 

for the faithful execution of their duty, as the said corporation shall require and 

approve.* 



clause 



Repealing Sec. 5. And he it further enacted. That all acts, and parts of acts, heretofore pas= 
scd, so far as the same militate with this act, be and the same are hereby repealed. 

BENJAMIN WHITAKER, Speaker of the House of Representatives. 

EDWARD TELFAIR, President of the Senate* 

Assented to, November 29, 1806* 

JARED IRWIN, Govebnoe. 



AN ACT 

To amend an act, entitled '« an act, to carry into effect the 9th' section of the third 

article of the constitution." 

Sec ° *• JO E it enacted hij tlie Senate and House of " Representatives of the State of 

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same> 

Bivcrces to That the divorces recognized by this act shall be absolute, and totally dissolve the mar- 

or conditional riage contract, or- conditional, and only separate the parties from bed and; board, and 

provide for separate maintenance and support of the parties, and their issue. 



* See act of 1808, No. 325, altering this mode of election and placing it in the hands of- the- Mayor 
Aldcrrr.sn of the city of Savannah. , 



PASSED IN THE YEAH 130&- 313- 



<3tt 2 JLnd be it farther enacted, That all cases of divorce which shall come before (No. 235.) 

oxiV. .*• j ^ rp^ , tried. 

the superior court, shall be tried by a special jury,* who shall enquire into the situation by aspecial 

of the parties before their intermarriage, and also at the time of trial, and in all cases g^^o^re 

where they shall determine in favor of a conditional divorce, they shall by their verdict to the situa- 

or decree make provision out of the property of which the husband may be possessed, parties be f ore 

for the separate maintenance and support of the wife and the issue of such marriage, damage. 

which verdict or decree, the said court shall cause to be carried into effeet according to Their fur. 

ther duty, 
the rules of law, or according to the practice of chaneery, as the nature of the case 

may require; 

Sec. 3. Jind be it further enacted. That in all cases where the verdict shall be for absolute^- 

an absolute divorce, the party whose improper or criminal conduct shall authorize such ™™f * e of - 

divorce, shall not be permitted to marry again during the life of the other party, and in no tallowed to 

. - . j marry during 

case of such second marriage, the party so offending shall be subject to the pains and the life of the 

penalties enacted against bigamy — Provided always, That where the marriage is decla- ot p e 1 r ovIso 
red void for such causes existing before such intermarriage as are recognized by the eccle- 
siastical courts, the said parties may marry again, any thing herein before contained to 
the contrary notwithstanding. 

Sec, 4. And be it further enacted, That in all cases where the special jury shall i eg i s i at *" re tlie 

have brought in a verdict for an absolute divorce, and the General Assemblv shall re- v/iii not sanc- 

° 1* tion, by law, 

fuse to pass a law to carry the same into complete effect, it shall be lawful for either par- a divorce ren- 

tyto apply to the superior court of said county, after giving thirty days notice in wri- r yHn what U 

tin?, of such application to the adverse party, if within the State, and if out of the man »erthe 

° 7 1 r r j * ? parties may 

State, three months notice, in one of the public gazettes — and it shall be the duty of be relieved, 

■ • . -i i 11 .„■■,.. « , so far as re- 

such court to appoint three commissioners, who shall enquire into the situation 01 the spects a sepa- 

parties before their intermarriage, and also at the time of sueh enquiry ; and shall de- ratl0n - 

termine upon the support or provision which may be necessary for the separate mainte- Duty of the 

nance of the wife, having due regard to her situation before marriage, and also the sit- su P eiloreourt 

nation of the husband at the time of sueh enquiry— and the said three commissioners, To appoint 

before they proceed to make the enquiry, shall take and subscribe before one of the sioners, their 

justices of the inferior court, or justices of the peace of said county, the following oath utJ 
or affirmation, viz :-— I," A, B, do solemnly swear or affirm, that I will, without preju- 
dice or partiality, faithfully enquire, and justly decide upon the case now submitted to 
me, and that I will make my report or decree thereon according to the principles of 
justice and equity, to the best of my skill and understanding, So help me God. And it 
shall be the duty of sueh commissioners to report their decision or deeree in the premi- 
ses to the next superior court of the county aforesaid $ which shall cause the same to be 
entered as the judgment of said court; subject nevertheless to be altered or modified by 

* See act of 1810, No. 519, prescribing the oath to be takea hy such jury. 



514 LAWS OF GEORGIA; 



(No. 235.) the said court, Provided, application be made to the next superior court of said county 
roviso. £ or t j iat p Ur p 0ge ^ s t a (i n g the grounds upon which such application is founded, and in 
such case it shall be the duty of the said superior court to refer the said decree* or re- 
port to the same commissioners, with two additional commissioners, who shall take the 
oath herein before prescribed, and shall proceed to re-examine the said decree, and re- 
port their decision or decree in the premises, to the next superior court of said county ; 
which shall be entered -as the judgment or decree of said court. 



Commissi- 
oners to sum- 



Sec. 5. JLnd be it farther enacted, That all commissioners appointed under and by 
virtue of this act, shall have power to compel the attendance of such witnesses, as may 
mon witness- be deemed necessary by the parties, before them, at such time and place as they -may 
cessary. appoint for their meeting ; and shall also have competent power and authority to admini- 

ster an oath to such witnesses, and shall take down the testimony of such witnesses in 
writing, which shall be annexed to their decree, and be deposited in the clerk's office. 

After provi- Sec. 6. And be it further enacted, That in all cases where provision is made for the 
for the wife— separate maintenance of the wife according to the provisions of this act, the husband 
^ub^^t r* shall not be subject to any contract made thereafter by such wife, but in all & every such 
debts. case, the wife shall be subject to the payment of her own debts, out of her separate main- 

tenance, during the time that such separation, and separate maintenance shall continue* 

,In cases of 
divorce the 

issue not bas- Sec. 7. And be it further enacted, That in all cases of divorce, the issue of such, 
marriage shall not be bastardized, but shall be capable of taking by descent of distribu- 
Persons ap- tion f r0 m either of their said parents, 

plying for a 
divorce to ren 

their pi o S ert f Sec - 8 * ^ nd &e it further enacted, That in all cases of applications for a divorce, the 
on oath, at the party applying shall render a schedule on oath, of the property owned or possessed by 

tirnc of* scDn« 

ration, to the said parties at the time of such application, or if the parties have separated, at the 
pSor couit U iime of suca separation, which shall be filed of record by the clerk of the superior court, 

Tobedivid- and a fter all iiist debts shall be paid, shall be subject to a division or equal distribution 
ed between , „ , ,, , 

the children between the children of such parties, except the jury before -whom the same: may be 

^undei^the tried, shall think proper to allow either party a part thereof. 

discretion of 

yTcalin ^ EC * 9 * And be it further enacted, That so much of the before recited aet, as is re- 

clause, pugnant to this act, be and the same is hereby repealed. 

BENJAMIN WHITAKER, Speaker of the House of Representatives. 
-EDWARD TELFAIR, President of the Senate. 



Assented to, December 5, 1806. 
JARED IRWIN, Governor. 



PASSED IN THE YEAR' 1806. 315 



AN ACT (No. 236.) 



To repeal an act, entitled « An Jlct to incorporate Vann's Creek Baptist Church, in 

Elbert county." 



Wi 



HERE AS the said church, by their petition presented to the present General 
Assembly, praying a repeal of the aforesaid act : 



Preamble 



BE it therefore enacted by the Senate and House of Representatives of the Stale of Geor- 
gia in General Assembly met, and it is hereby enacted by the authority of the same, Vann's creels 
That the above recited act, and every part thereof, be and the same is hereby repealed, church incor. 



BENJAMIN WHITAKER, Speaker of the House of Representatives, 
EDWARD TELFAIR, President of the Senate, 
Assented to, December 5, 1806. 
JARED IRWIN, Governor, 



poration. a6t 
repeated-." 



AN ACT ' 
To incorporate the Red's Creek Baptist Church, in Columbia county. 



(No. 237.) 



C * * J3E it enacted by the Senate and House of Representatives of the Slate of oners^Tmed 
Georgia in General Assembly met, and by the authority of the same, That Loveless :ind styled 

_,.,_ „. '.._ , , a , ^ mcorporat- 

Savidge, James Simms, Archibald Odom, David Walker and John Collier, and their ed Red's 
successors in office, shall be and they are hereby declared to be a body corporate, and cteh?» PtlSt 
known by the name of the Incorporated Red's Creek Baptist Church. 

Sec. 2. And be it further enacted, That the said Loveless Savidge, James Simms, Arch- To be 

ibald Odom, David Walker and John Collier, and their successors in office, shall be ed with *2li 

vested with all such property, both real and personal, as has, shall or may be bestowed on S Wpor? 
said society, or church, by gifts, grants, or otherwise in trust, for the use and benefit of 
the said society, or church. 



ation, 



Sec. 3. And be it further enacted, That the aforesaid society, or church, or a major- The society 
it* of them, shall, at any time they ma y deem, proper, proceed to elect other persons as 1/S' 



o- 
ther commis- 



816 LAWS OF GEORGIA, 



(No. 237.) trustees in the room of the aforesaid Loveless Savidge, James Simms, Archibald Odom, 
J)avid Walker and John Collier or either of them, or their successors in office, previous- 
ly thereto, giving at least thirty days notice of such intention, to said society, or church. 

Trustees de- Sec * *• ** nf * &e il f urt1ier enacted* That the aforesaid trustees, and their successors 
clared a body in office, shall be, and they are hereby declared to be a body corporate, and capable of 

r*o** T )orsL'tc ~ 

suing and being sued, of pleading and being impleaded, and of using all legal measures 
,for the recovery and defending any property which the said society, or church may hav« 5 
hold, claim or enjoy. 

BENJAMIN WHITAKER, Speaker of the House of Representatives* 
EDWARD TELFAIR, President of the Smate 
Assented to, December 5, 1806. 
JARED IRWIN, Governor, 



(No. 238.) AN AC ' T 

To amend the aetsfor regulating Vendues— so far as to authorize a Vendue-Master for 

the Town of Milledgeville, 

JLJE it enactedby the Senate and House af Representatives of the State of Georgia, in 
Vendue mas General Assembly met, and it is hereby enacted. That there shall be a vendue-master for 
for Mutcd^ the town of Miiledgeville, who shall be appointed by concurred resolution of both branch- 
YiUe - es of the Legislature, and who shall in all respects proceed and conduct himself in con- 

formity to the several acts heretofore passed for regulating vendues, during the time he 
may continue in o ffi ce. 

BEN JA31IN WHITAKER* Speaker of the House of Representative* 

EDWARD TELFAIR, President of tU Senate. 

Assented to, December 5, 1806 o 

JARED D1WIN, Governor, 



MASSED IN THE YEAR 1806a 31? 



AN ACT (No. 239.) 

Wo change the time of holding the Superior Court in the counties of Oglethorpe, 

Clarke and Jackson, 



■.-Sbc. 1. £)Yt it enacled l\i the Senate and ttoim of Representatives of the Slate of 6eor« Tim* of 

" - . holding supe* 

gia, in General Assembly met, and by the authority of ths same, it is hereby enacted, rior courts in 
That immediately from and after the passing of this act, the times of holding the s-uperi- jJ-^iS^Xi 
or court, in said counties, shall be as follows, viz.— -In the county of Oglethorpe, on the Clarke chan© 
second Monday in March and September — -in the county of Clarke, on the third Monday 
in March and September,* and in the county of Jackson, on the fourth Monday in March 
and September 

Sec. 2. JLnd he it further enacted, That the grand and petit jurors and witnesses, sum- 
moned to appear before such courts, and all writs and recognizances returnable on the Juries, wit- 
days, upon which said courts would have been held under the laws heretofore in force, attend said It 
■ shall be returnable to the several days herein before specified for holding of the said courts tered courts, 
in the aforesaid counties— any law, usage or custom, to the contrary notwithstanding. 

BENJAMIN WHITAKER, Speaker of the House of Representatives* 

EDWARD TELFAIR, Presidmt of ths Senate. 

Assented to, Deeember 5, 1806. 

JARED IRWIN, Governor, 



AN ACT 



(No. 240.] 



Wo empower the Inferior court of Jefferson county to levy an extra tax, for the purpose 
of building a new Jail in said county. 

Sec. 1 T^ 

J3E it enacted by the Senate and House of Representatives of the State »f Est** t&* 

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, Ls^ncounty' 
That the justices of the inferior eourt of the county of Jefferson, be, and they are hereby J^SS** 
authorized to levy an extra tax on all persons and property in said county, liable to taxa- 
tion, for the purpose of building a new Jail therein— Provided always, nevertheless, 
That the said tax shall not exceed more than one fourth of the general tax, nor continue 
in force for more than threeycarso 



Proviso* 



3*3 LAWS OP GEORGIA 



son.' 



^ut of°o*? SEC ' *" AndU it f Urther euacted b V the aut1l °rity aforesaid, That the tax-eolleetot 
lector.* ° " for said co «nty, shall collect and return to the jutices of the inferior court of Jeffer_ 

county aforesaid, the amount.so levied, to be by them applied to the purposes aforesaid 

after deducting the lawful per eent for the collection thereof. 

BENJAMIN WHITAKER, Speaker of tlie House of Representatives, 
EDWARD TELFAIR, President of the Senate. 
Assented to, December 8, 1806. 
JARED IRWIN, Governor 



AN ACT 



To authorize the Inferior Court of Hie county of Clarke to levy an extra tax, for the. 
purpose of enlarging or re-building the Court-House in said county. 



(No. 241.) 



■ E it enacted by the Senate and House of Representatives of the State of Georgia, in 
General Assembly met, That the justices of the inferior court of the county of Clarke, 
Extra tax are hereby authorized and required, to impose a proportionate extra tax on the respective 

allowed 



Clarke coun- inhabitants of said county, annually, for three years in succession, not exceeding the one 
m\ poses ' Un y third of the annual general state tax of each inhabitant — which said tax shall be collected 
in the same manner, and under the same restrictions as are laid down for the collection 
of the general tax of this State $ and the monies so arising from the extra tax as afore- 
said, shall be appropriated for the special purpose of enlarging or rebuilding the court- 
house of said eounty of Clarke ». 

BENJAMIN WHITAKER, Speaker of the House of Representatives,* 

EDWARD:. TELFAIR, President of the Senate. 

Assented to, December 8, 1806. 

JARED IRWIN, Governor 



PASSED IN THE YEAS 1806. 319 



AN ACT (No. 242.) 



'■Jh authorize the justices of the inferior court of Washington county, to levy an extra 
tax, for the purpose of repairing the court-house and jail of said county, so far as 
may appear necessary. 



.sec. 1. J-j g ft enaC f e( i iy u ie Senate and House of Representatives of the State of Gcor- ai^ed 
gia, in General Assembly met, and it is hereby enacted by the authority of the same, That Washington 
the justices of the inferior court of Washington eounty, shall be, and they are hereby county' pur- 
authorized to levy an extra tax on all persons and property in said county, liable to taxa- 
tion, for the purpose of repairing the court-house and jail, so far as may appear neces- 
sary and proper — Provided, the amount so levied, shall not exceed one fourth part of 
the general tax. — And Provided also, That the said levy shall not continue for more than 
three years. 



poses. 



Proviso, 



Sec. 2. And be it further enacted, That the collector of tax for said county, shall Dutyofad- 
collect and return to the court the amount so levied, to be by them applied to the purpose 
atoresaid, after deducting^the usual, per cent, for collecting the same, 

BENJAMIN WHITAKER, Speaker of the House of Representatives, 

EDWARD TELFAIR, President of the Senate. 

Assented to, December 8, 1806. 

JARED IRWIN, Governor, 



AN ACT 



go authorize the justices of the inferior court of the county of Columbia-, to levy an extra 
tax, in aid of the county funds, for the purpose of building a court-house in said county. 



(No. 24 &) 



Sec. l. ipfei 

_UE it enacted by the Senate and House of Representatives in Gen- 
eral Assembly met, and it is hereby enacted by the authority of the same, Extra tax 

That the justices of the inferior court for the county of Columbia, are hereby author- f°^ d Co " 

ized to levy an extra tax on the inhabitants of said county, annually, not to exceed ^coS? 

erne fourth part of the general tax; which said tax shall be collected in the same manne* puiposcfc 



?20 LAWS OF GEORGIA, 



(No. 243.) as the general tax, out of which sum the tax-collector shall be entitled to receive two and 
one half per centum for his services — and the monies so arising from the extra tax as 
aforesaid, shall be appropriated, in aid to the county funds, for the special purpose of 
building a court-house in said county. 

Sec. 2. And be it further enacted? That the justices aforesaid, shall within six months 
ce?fafiet U the from tne P assin S of this act, let the building of the said court-house, by public outcry, 
building of to the lowest bidder, at the place contemplated for building said court-house, after giv- 

the court • 

house. ing twenty days public notice, at three or more of the most public places within the coun- 

ty.* 

How long Sec. 3, And be it further enacted, That this act shall be and continue in force until there 
this act is to s jj a fl t, e a sufficient quantum of monies raised, in aid of the county funds, to complete the> 
building of said court-house, and no longer. 

BENJAMIN WHITAKER, Speaker of the House of Representative 

EDWARD TELFAIR, President of the Senate, 

Assented to, December 8, 1806^ 

JARED IRWIN, GovEENOKi 



AN ACT 

io, 244.) To appoint commissioners, for the purpose of carrying into effect the building the court 

house and jail for the county of Wayne.. 



Sec i. 

^E it enacted by the Senate and House of Representatives of the State of 

Georgia, in General Assembly met, and by the authority of the same, That Solomon 

Gross, Francis Sinallwood, JohnMundon,. William Clement and William Knight, be, 

era appointed and they are hereby appointed commissioners, with full and ample powers, to point out 

to fix on* and fix upon the most suitable and convenient place in the said county of Wayne, for 

public build- erecting a court-house and jail thereon, and such place to be agreed on by them, or a 

county, majority of them, shall, *\nd the same is hereby declared to be the permanent seat of the 

court-house and jail of said county of Wayne,, 



* Sec act of 1807 3 No. 310, waendatory. of this act. 



PASSED IN THE YEAR 1806. 



321. 



Sec. 2. And he it further enacted. That the aforesaid commissioners are hereby autho- 
rized and empowered to contract with some person or persons, as the case may be, upon 
the best terms for the building said court-house and jail of said county of Wayne, 

Sec. 3. And be it further enacted, That until such court-house and jail shall be com- 
pleted, the inferior and superior courts and elections for said county, shall be held at the 
house of Francis Smallwood,* 



(No. 24 i<.) 

To contract 
for the build- 
ing the same. 

Courts and 
elections un- 
til the same- 
are com- 
pleted, to be 
held at K. 
Small wood's; 



pose. 



Sec. 4. And he it further- enacted, That -the aforesaid commissioners, or a majority J^^'Sct 
of them arc hereby authorized and empowered to collect and receive all monies which Ml monies ap- 

ul «~"<^«»j «* 1 -'^ ««~»v j propnated for 

may be appropriated for that purpose—any law, custom or usage, to^the contrary not- the above pn, 
withstanding. 

BENJAMIN WHITAKER, Speaker of the House of Bepresentatires*- 
EDWARD TELFAIR, President of the Senate* 
Assented to, December 8, 1806, 
JAREB IRWIN, Governor, 



AN ACT 

To authorixe certain commissioners therein named r to netv mark and ascertain the- 
dividing line between the counties of M'Intosh and Liberty.- 

• jy e # enacted; by the Senate and House, of Representatives of the State of 
Georgia, in General Assembly met, and it is hereby enacted by the authority of the 
9ame, That John Stacy, of Liberty county y and Leonard Jourdine, of M'Intosh county, 
shall be, and they are hereby appointed commissioners, to ascertain and new mark the 
dividing line between the said counties of Liberty and M'Intosh, in the following manner, 
to wit : — Commencing at the head or main source of Bull-Town Swamp, then running 
a north west course, until by a right angle they shall strike the Alatamaha river at 
Oswald's bluff. And the said commissioners for their services shall be allowed three 
dollars per day each, and their choppers one dollar each per day, while performing that 
duty, to be paid jointly out of the funds of said eoimties of Liberty and M<Intosh. 

* See act of 1808, No. 382, amending this act, and removing- the courts and' elections to capt. Win. Clements* 

R % 



(No. 245.} 



Commission- 
ers named to 
run the divi- 
ding line be- 
tween Liberty 
and M'Intosh 
counties, 

How to pro- 
ceed & what 
allowed. 



282- 



&AWS OP GEORGIA, 



(No. 245.) 
The inferi- 
rior court to 
fill any vacan- 
cy of said Com 
missioners. 

Their report 
to be made to 
their respect- 
ive courts. 

How to pro- 
ceed in case 
of dispute or 
failure of eith- 
er commissi- 
oner to do his 
dutr.. 



Sec. 52. Jlnd he it further enaeted, That in case of failure of either of the above 
commissioners, the inferior eourt of the county where they reside, shall fill the vacancy 
occasioned thereby : and the report of said commissioners shall be to the inferior courts 
of said counties, to be entered of record, for the information of the inhabitant* thereof. 

Sec. 3. Jlnd he it further enacted by the authority aforesaid, That in case of disagree- 
ment between the commissioners as to running said line, or either party shall refuse to 
act,, that then, and in that case, it shall and may be lawful for the commissioner of 
either of the said counties, after giving thirty days notice to the commissioner of the 
other county, to proceed to run and new mark the line dividing said counties ,• which, 
shall be deemed, held and taken as the true line. 



BENJAMIN WHITAKER, Speaker of the House of Representatives, , 
EDWARD TELFAIR, President of the Senate, 
Absented to, December 8, 1806,. 
JARED IRWIN, Governor, 



<fcr ^^ AN. ACT/ 

To appoint commissioners for the belter regulating and government of the town of " 
Milledgeville, and for incorporating the same* 

SE e 1 Bra ' 

JOE it enacted hy the Senate and House of Representatives in General 

Gcmmission- Assembly met, That the following persons, to wit: David. Fluker, Jett Thomas, Uriah 
^!ri hetown Thweatt, John W. Devereaux and Thompson Bird, be, and they are hereby appointed 
commissioners of the town of Milledgeville, and that they, or a majority of them, 
shall, immediately after the passing of this act, convene, and proceed to the appoint- 
ment of a clerk .and... such other officers as they may deem, necessary to carry this act 
into execution. . 



named. 



Sec. 2. Jlnd he it further enacted, That the said commissioners shall hold their res« 

ted hereafter peetive appointments, hereby given to them, until the firstMonday in January, eighteen 

by the citi- hundred and eight, at which time, and on every subsequent year thereafter, the citizens 

town, and to of Milledgeville, entitled to vote for members of the General Assembly, shall choose by 

iaws^ for the ballot, fiye persons to succeed them as, commissioners of said town, and they shall have> 

government 
thereof,. 



PASSED IN THE YEAR 1806. $$l 



and are hereby vested with full power and authority to make such bye-laws and regula- (No. 246.) 
lions, and inflict or impose such fines, penalties and forfeitures, and doing other incor- 
porate acts, as in their judgment shall be conducive to the good order and government of 
the said town of Milledgeville :— Provided, That such bye-laws and regulations be not proviso, 
repugnant to the laws and constitution of this State. 



Sec. 3. And be it further enacted, That any two or more justices of the peace, for 



Two 



said county of Baldwin, are hereby authorized and required to preside at such elections'" "*ore justices 
for commissioners aforesaid-^-ProrMeil always nevertheless. That nothing herein con- to preside at 

tained shall be so construed as to prevent the election of the commissioners hereinbefore saui electl > 

* ons. 

named ; and any person or persons who may hereafter be elected commissioners of said Proviso. 
town, shall be re-eligible at the next or any subsequent election after the expiration of 
£he time for which he or they may be elected as commissioners under this act** 

BENJAMIN WHITAKER, Speaker of the House of Representatives, 

EDWARD TELFAIR, President of the Senate. 

Assented to, December 8, 1806 o 

JARED IRWIN, Governor 



AN ACT ( N °« »*•) 

The more effectually to ensure the testimony of witnesses going beyond seas, or removing 
toithout the jurisdiction of the State, and aged and infirm persons. 

TT HEREAS no provision is made by the laws of this State for taking the examina- 
tion of witnesses, going beyond seas, or removing without the jurisdiction of this this Fresmm 
State, or who from infirmity may be unable to attend the court, in suits or actions, there 
pending* by which serious injuries result to the citizens thereof. 

Sec. i. BE it therefore enacted ty the Senate and House of Representatives of 
the State of Georgia, fa General Assembly met, and it is hereby enacted by the autho* Witney 
rity of the same, That in case eit her plaintiff or defendant, may deem any witness ov £ g o b ^ y t h f 

dl SeeaCt 0f fi 18 ?f' f 0, 2n ' ""^^ rf ^» «*-*e, a i» i act of WW. No. 535, amendatory^ Sfelt 
dehnui^ specifically tie powers of the commissioners. firm to be ex- 

amined by or* 
der of court. 



334 



LAWS OF GEORGIA, 



(No. 247.) witnesses material, on any eause or causes pending in any of the courts of law in this State, 

and who are going beyond seas ,removing without the jurisdiction of the State aforesaid, 

or from age or other bodily infirmity, may be unable, personally to attend the said court, 

in what application by petition to the judge of the superior court, if the action is there pending? 

maimer. or j ] lis a j, sence to onC} 0P more justices of the inferior court, stating the grounds for 

such application, to which petition the party so applying shall annex an affidavit, stating 
the materiality of the witness or witnesses, that he, she, or they, are removing without 
the jurisdiction of the State aforesaid, or going beyond seas, or from age, or bodily in- 
firmity, are unableto attend court j and that he cannot with safety [proceed to trial with- 
out such testimony. And it shall be the duty of the judge, justice or justices to grant 
the prayer of the petioner, and fix a day on which he, or they will attend to receive and 
take the examination of such witness or witnesses, and when he or they shall have so 
taken and received the testimony aforesaid, the same shall be sealed up, and directed to 
the clerk of that court, in -which 'the suitor action may be then pending: — Provided 
always. The adverse party have at least three days notice, for every twenty miles, he, 
she, or they, may reside from the place of taking such examination — And provided also t 
That in case the person or ; persong, whose testimony shall have been taken, return or be 
able to attend such court, that then, and in that case, such written testimony shall not 
rbe received or react 



Proviso. 



■Proviso. 



BENJAMIN WHITAKER, Speaker of the House of Representatives* 
EDWARD TELFAIR, President of the Senate. 
Assented to, December 8, 1806. 
JARED IRWIN, Governor, 



(No. 248.) 



Preamble. 



■AN ACT 

To amend and explain an act, entitled «Jln actio revise and amend an act, to incorpo- 
rate the town of St. Mary's" so far as respects the second and ninth sections of the 
said act. 



W> 



HERE AS in and by the said act, it is among other things enacted, « That any 
two justices of the peace for the county of Camden, shall, without loss of time after the 
passing of this act, and on the second Monday in October annually thereafter, give ten 
days public notice in-two or more places," and whereas doubts have arisen respecting 
the construction of the said clause, in the second section of the said act, as to the true 
intention of the legislature. 



PASSED IN THE YEAB 1806. 



Sec 1. BE it therefore enacted by the Senate and House of Representatives of the State (No. 248.) 

t>f Georgia, in General Assembly met, and it is hereby enacted by the authority of the- same, t ^ e sa id'reci- 

That the true intent and meaning of the said section was, and is, to hold the election for t( : d . *?*» e3> 
*• ° plained. 

council-men, on the second Monday in October, ten days previous and public notice being 
first given. 

•And whereas in and by the ninth section of the said incorporating act, power is ves^ 
ted in the corporation to elect commissioners of pilotage, and to prescribe such rules 
and regulations for their government, as they may see fit — 'thereby precluding that body 
from having any control over the conduct of pilots, or passing such bye-laws and regula- 
tions, which to them might seem proper-*-which is absolutely inconsistent, unreasona- 
ble and unjuste 

• Sec. 2. Be it therefore enacted by the authority aforesaid*, That the said intendant & coun- 
cil, are hereby authorized and required to appoint a board of commissioners of pilotage, Authorising 

* iiiii *o t ] le intendant 

for the port and district of St. Mary's— who shall hold their appointments during good be- and Council 
haviour, unless sooner removed by sentence on impeachment ; and the said commission* ^ommtsTion"* 
ers shall have power to appoint any number of pilots they may see fit for the same, and ers of Pilot- 

* * ; : ' " age and their 

to prescribe any such rules and regulations as they may deem expedient therefor— which duty. 
rules and regulations shall be binding on all pilots and those that act under them, any 
law to the contrary notwithstanding. 

BENJAMIN WHITAKER, Speaker of the House of Representatives* 

EDWARD TELFAIR, President of tU Senate, 

Assented to, Decembers, 1806. 

JARED UIWIN, Governor, 



Wi 



&N ACT (tfa. 249.). 

To incorporate the Tresbyteriun Churth of the city of Savannah, 



HERE AS a number of the inhabitants of the city of Savannah Bind county of 
Chatham, have by their memorial represented to the legislature, that on the 16th day 
of January, 1756, a certain lot of land, situate and being in the city of Savannah, and Preamble; 
known bytheletter K. was granted to James Powell; Robert Bolton, James MUler, Joseph 



32S JLAWS OF GEORGIA, 



(No. 24 9.) Gibbons, William Gibbons, Benjamin Farley, William Wright, David Fox and John 
Fox, their heirs and assigns forever in trust nevertheless, and to the intent and purpose 
that a meeting-house or place of public worship for the service of Almighty God, should 
be erected thereon, for the use of such persons as were then residing, or might thereaf- 
ter reside in the district of Savannah, as Mere professors of the doctrines of the church 
of Scotland, agreeable to the Westminster confession of faith, with a proviso in the said 
grant contained, that should such meeting-house or place of worship not be erected on 
the said lot within the time therein limited, then the said lot should revert to the grantors- 
that a meeting-house was built within the time limited, and the professors of the Presby- 
terian religion, held, occupied and used the same as their place of public worship, until 
the said meeting-house was destroyed by fire, in the month of November, 1796, and the 
said lot was afterwards disposed of by the then trustees, on building leases, and hatfe 
ever since been held by the lessees — that in the year 1800, the professors ofthe said Pres- 
byterian religion, were enabled by subscription to build a church on their other lot in 
the said city of Savannah, known by the letter Q. which is their present place of wor- 
ship, and have prayed that a certain act of the legislature relative to the said church be 
repealed, and tbat they, the said memorialists, may he made a body corporate, and trus- 
tees appointed for the said Presbyterian church or congregation .; 

. Presbyteri- s EC , £. be it therefore enacted hy the Senate and House of Representatives, of the 
savannah in- Slate of Georgia, in General Assembly met, and it is enacted hy the authority of tlie same.,, 
That Thomas Newell, Charles Harris, Francis Courvoisie, John G. Williamson, John 
Scriven, Barraek Gibbons, Thomas F. Williams, Fingal T. Flyming and Benjamia 
Maurice, and their successors in office, be, and they arc hereby declared to be a body 
corporate, by the name and style af « The Trustees of the Presbyterian Church of the 
Their .style, city of Savannah." * 



corporated its 
commission 
crs named. 



ers. 



Sec. 2. Jlnd he it further enacted, That the said Trustees and their successors ia 

shall be in- office, shall be invested with all manner of property, real and personal, all monies due* 

property, and and to grow due, donations, gifts, grants, privileges and immunities whatsoever, which 

porat e all po°v- shaU or ma y DeIon g to the said Presbyterian Church, at the time of the passing of this 

act, or which shall, or may at any time, or times hereafter, be granted, given, conveyed* 

or transferred to them, or their successors in office— -to have and to hold the same, to the 

said trustees, and their successors in office, to the only proper use, benefit and behoof of 

the said church forever. And the said Trustees and their successors in office, may have 

and use a common seal, and shall be, and they are hereby declared to be capable, by the 

Eiame and style aforesaid, of suing and being sued, impleading and being impleaded, in 

any court or courts of law or equity, and of using and taking all lawful and necessary 

•* See act of 1807, No. 308. amending this act s*nd pointing out the manner of electing theitf Trustees. 



PASSED IN THE YEAR 1806. 



ways and means for recovering or defending any property whatever, which the said church (No. 249.) 
may have, hold, claim or demand, or the rents* issues and profits thereof, or of any 
part thereof. 



Sec. 3. And be it further enacted, That the above named Trustees shall continue in 
office until Easter Monday, in one thousand eight hundred and eight— and that on the 
said Easter Monday, one thousand eight hundred and eight, annually thereafter, the 
members of the said church shall convene at the said church, between the hours of ten 
and two o'clock, and then, and there elect, from among the said members nine fit and 
discreet persons, as trustees of the said church, who shall be vested with all necessary 
powers, to carry the several purposes intended by this act into full effect* 



Shall conli- 
nue in office 
until Easter 
Monday, 1808 
and on every. 
Easter Mon- 
day thereafter 
there shall be 
an election for 
Trustees, by 
the members 
ofs'd church 



Sec. 4. And he it further enacted, That nothing herein contained shall be construed t ^steT by 

to vest in the said trustees, any right or title, or color of right or title to any estate or this act in 

said corpora- 
property whatsoever, real or personal, other than sueh as doth, or may rightfully or tion, but what 

lawfully belong to the said Presbyterian church or congregation, hereby made a body themnow, or 

they may here 
after acquire, 



corporate. 



Sec. 5. And be it further enacted, That it shall not be lawful for the said trustees 
or their successors in office, at any time or times, hereafter, to grant bargin, sell, alien, 
or convey, any real estate whatsoever, belonging to the said church, to any person or per- 
sons, under any pretence, or upon any consideration whatsoever, so as to dispose of the 
fee simple thereof. 



Not to dis=. 
pose of their 
fee -simple ti- 
tie to their 
lands or lots. 



Sec. 6- Jlnd be it furtlier enacted, That an act entitled " An act to increase the Repealing 
iunds of the Presbyterian Church of the city of Savannah," be and the same is hereby clause - 
repealed. 

BENJAMIN WHITAKER, Speaker of the House of Representatives* ■ 
EDWARD TELFAIR, President of the Senate. 
^seated to, December 8, 1896. 

JARED IRWIN? GovEBWoB. 



328 LAWS OF GEORGIA, 



(No. 250.) AN ACT 

To limit the jurisdiction of the Mayor's court in the city of Savannah, and to alter the 

times of holding the same* 

V Y HERE AS the frequent sittings of the Mayor's court in the city of Savannah, and 
Preamble. t j ie sma u sums f w hich it has cognizance under the existing laws, hath been found to 
Operate grievously and oppressively on (be inhabitants of the said city, — For remedy 
whereof, 

Jurisdiction Sec. 1. BE it enacted by the Senate and House of Representatives of the' State of Geor- 
courtofsa" 8 m > " l General iHjssembly met, and it is enacled by the authority of same, That from and 
annah, limited after the first day of January next, the said court shall not take cognizance of any cause 
in which the plaintiff's demand shall not exceed thirty dollars. 

Sec. 2. And be it further enacted, That from and after the said first day of January 
quarterly, & next, the said court shall be held quarterly, on the days and times hereinafter mentioned, 
the times sta- t j iat - IS lo say : _„0 n tne fa^ Tuesday in March, the third Tuesday in June, the third? 
Tuesday in September, and the third Tuesday in December,, in every year. 

Sec. 3. Jind be it further enacted, That all acts heretofore passed, so far as the 
■j^me militates with this act, be, and the same are hereby repealed.* 

BENJAMIN WHITAKER, Speaker of the House of Representatives, 
EDWARD TELFAIR, President of the Senate*. 

Assented to, November 29, 1806*. 
JAREB IRWIN, Goveenok. 



AN ACT 

(No. 251.) 

To auilLorixe the Judges of the superior courts of this State, to alternate in their districts, 

JucVs of Be it enacted by the Senate and House of Representatives of the State of Georgia, 
the Superior iriGemralL Assembly r.iet, and by tlfle authority of the same, it is hereby enacted That 

izedto alter- , — ■■ ■ ■■ — — ■ — — 

• See act of 1807, No. 292, extending the jurisdiction of this court to 100 dollars, and making, monthly sessi- 
ons of the same, and repealing this act, 



PASSED IN THE YEAR 1806, 3*9 



it shall and may be lawful for the judges of i he superior courts in this State, and they are (No, 251.) 
hereby authorized to alternate in their districts from and immediately after the first day 
9f January next, any law to the contrary notwithstanding. 

BENJAMIN WHITAKER, Speaker of the House of Eepresentatitei?* 
EDWARD TEUFAIR, President of the Senate* 
Assented to December 8, 1806. 
JARED HtWIN, Governor 



AN ACT 

(No. 25%) 

For the better regulation and government of the town of Athens, and to incorporate 

the* same. 

' * JjE it enacted by the Senate and tfouse of Representatives in Gen- 
eral Assembly met, and by the authority of the same, That William Malone, Stephen 
Thomas, and Hope Hull, be appointed commissioners of the town of Athens, and that oners n ame£ 
they or a majority of them shall, immediately after the passing of this act, con- wi ^nt U th ^' 
•vene and proceed to the appointment of a secretary, and such other officers as they may officers. 
deem necessary to carry this act into execution, • 



To be elec- ' 
ted annually, 



Sec. 2. And be it further enacted, That the said commissioners shall hold their 
respective appointments hereby given them, until the first Monday in January, eighteen 
hundred and eight, at which time, and on every subsequent year thereafter, the citizens ^i&^Jjf 
of the town of Athens, entitled to vote for members of the General Assembly of this said town, 
State, shall choose by. ballot, three persons to succeed them as commissioners of said 
town, and they shall have, and they are hereby vested with full power and authority, to 
make such bye-laws and regulations, and inflict or impose such fines, penalties and for- 
feitures, and to do such other incorporate acts, as in their judgment shall be conducive 
to the good order and government of the said town of Athens— Provided, That such 
bye-laws and regulations be not repugnant to the constitutional laws of this State. 

Sec. 3. And be it further enacted, That any two or more justices of the peace for 
said county of Clarke, are hereby authorized and required to preside at such elections 

Ss. 1 



Proviso. 



330 LAWS OF GEORGIA, 



ons 



(No. 252.) for commissioners aforesaid — Provided always. That nothing herein contained, shall be 

Who to pre- , ° 

side atelecti- so construed as to prevent the election of the commissioners herein before named ; and 
Proviso. an y person or persons, who may hereafter be elected commissioners of said town, shall 
be eligible at the next, or any subsequent election, after the expiration of the time for 
which he, or they may have been elected as commissioners under this act. 

BENJAMIN WHITAKER, Speaker of the House of . Representatives, 

EDWARD TELFAIR, President of the Senate, 

Assented to, December 8, 1806= 

JARED IRWIN, Governor 



AN ACT 

To extend the operation of the laws of this State, over the persons resident in Wafford's 
settlement, and to organize the same.* 



(No. 253.; 



'^E it enacted by the Senate and House of Representatives of the State of Geor- 
gia, in General Assembly met, and by the authority of the same, it is hereby enacted^ 
Waffbrd's That immediately from and after the passing of this act, that the land included in 
ded to Frank- Waffbrd's settlement, as defined and marked by the Cherokee nation of Indians, by their 
son. an agents James Vann and Katahee, in conjunction with James Blair, Esq. on the part of 

the United States, be added to and become a part of the counties of Franklin and Jack- 
son, and that the line dividing the said counties, be extended in the same direction until 
it shall intersect the external boundary of Waffbrd's settlement. 

Sec. 2. And be it further enacted, That it shall be the duty of the inferior courts 
That settle, of said counties to organize the persons resident within the said lines, and each and eve- 
zed and the '" ?y person, and persons residing within the said district, are hereby declared to be subject 
sSS extend 6 - to tne fuU force and P eration of tne Iaws of tms State, and entitled to all the rights* 
ed thereto. privileges, and immunities of free citizens of this State e 

Sec. 3. 4nd be it further enacted, That for quieting and securing the said persons 

No lands in in the enjoyment of their habitations and lands, it shall not be lawful for the land courts 

ment to le of said counties, to grant any land warrant to be located between the line run and marked 

surveyed or — — ' "7. 

granted. * See act of 130/, No. 299, suspending this law, and see act of 1808, No. 361, repealing the suspending 

law, and consequently restoring thS to its force. See also act of .1810, No. 490, amending this act, and anne$= 

U : l u:i> settlement to Jackson county. 



PASSED IN THE YEAR 1806. 331 



I>y Col. Hawkins, and the said lines run and marked by the said Cherokee Indians, and (No. 255-,') 
James Blair ; and it shall not be lawful for any surveyor to run, locate or survey any 
lands within the above described lines, upon any such warrant, or any other warrant 
whatsoever—and all such surveys, and the grants which shall issue thereon, are hereby 
declared to be null and void: any law to the contrary notwithstanding. 

BENJAMIN WHITAKER, Speaker of the House of Representatives* 
EDWARD TELFAIR, President of the Senate*. 

Assented to, December S, 1806. 

JARED IRWIN, Governor, 



(No. 25-*.} 



Pleasant Wal- 



AN ACT 

To authorize Pleasant Walton, to erect a Mill on Little River. 

iE it enacted by the Senate and House of Representatives of the State of Georgia, in 
General JLssembly met, and by the authority of the same, That it shall be lawful for 
Pleasant Walton, of the county of Lincoln, to erect a Mill at his mill-seat, on Little 
River near his plantation— Provided nevertheless, That the same does not interfere with ton to erect a 
the rights of any other person ; any law to the contrary notwithstanding, r i vero * 

BENJAMIN WHITAKER, Speaker of the House of Representatives 
EDWARD TELFAIR, President of the Senate, 

Assented to, December 8, 180^> 

JARED IRWIN, Governor 



AN ACT (No. S«.) 

For thebetter regulating the admission of Jittomics to plead and practice in the several 

courts of law and equity, within this State* 

q . |l To regulate 

* J>Eit enacted by the Senate and House of Representatives of the State of Geor- f e a a t tSes? 

gia, in General Assembly met, and by the authority of the same, it is hereby emoted That a ^ d tlie m ^ 



335 IAWS OF OEORGIA 3 



(No. 250.) from and after the passing of this act, all, and every person or persons whatsoever 
who are citizens of this State, may, on application to the judge of the superior court, be 
admitted to practice as an attorney — Provided, such person shall produce satisfactory 
Proviso. evidence of his moral rectitude, and shall undergo an examination in open court, upon a 
day assigned for that purpose* by the judge ; any law, usage or custom, to the contrary 
notwithstandingc 

SeCc 2. And be it further enacted. That the rules of court relative to the admission of 
Attornies, which requires the applicant to study any particular length of time in the 
office of any judge or practitioner of law, be, and the same is hereby declared to be 
abrogated and void, 

BENJAMIN WHITAKER, Speaker of the House of Representatives* 
EDWARD TELFAIRs President of the Senate, 
Assented to, December 8, 1806„ 
JARED IRWIN, Governor 



lo, 256.) 



•AN ACT 

To regulate the navigation of the Savannah River, between the cities of Savannah an& 
Augusta, so far as respects the patroons of boats* 



Wi 



-Preamble. 



HEREAS it is found from experience to be highly improper and inexpedient for 
the boats employed in the carrying trade between the cities of Savannah and Augusta, to 
be commanded by, and under the care of slaves :— for remedy whereof: 



Sec. lo BE it enacted by the Senate and House of Representatives of the State of 
skveor "tier ^ eor §^ a * n General Assembly met, and it is hereby enacted by the authority of the samc 9 
person of co- That from and after the first day of January next, it shall not be lawful for any negro 

lor to be pat. ?-, t 

t-oon of a boat slave or other person of colour, to have the command of, or to act as patroon of any boat 
gustaand A Sa» carr yi D S goods, wares, and merchandize, or produce, from either of the said cities t0 
rannah. , the other. 

Penalty for Sec.i 2. And be it further enacted, That persons transgressing this act, shall be liable 
£ ! . atins tlli5 to indictment in the superior courts of this State r and on conviction thereof, skall forfeit 



JPASSED IN THE YEAR 1806, 83S 



&nd pay the sum of two hundred dollars ; one half thereof to the use of the informer, (No. 256.) 
and the other half to the use of the county where sueh conviction shall take place. And 
the party so offending, shall moreover be liable for all losses which may happen to the 
©wners of property on board such boats, the usual dangers of the river, and other ex- 
ceptions not excepted. 

^BENJAMIN WHITAKER, Speaker of the House of nepremMives, 

EDWARD TELFAIR, President of the Senate, 

Assented to, December 8, 1306„ 

JAREB IRWIN, GovEKNoa, 



AN ACT 

(*No a 257 ^ 
■To alter and amend the second and fourth sections of an act, entitled, « tin Act for the K " J 

establishing and regulating patroles, and for preventing any person from purchasing 

provisions or any other commodities from, or selling such to any slave, unless such 

slave shall produce a ticket from his or her owner, manager or employer. 



HERE AS the fines imposed by said act for the refusal and neglect of patrol Preamble, 
duty, is found from experience to be inadequate to the purposes therein intended — fof 
remedy whereof, 

Persons lia« 

Sec. 1. BE it enacted fe the Senate and Home of Representatives of the State of bietodopat- 

#» f ■'•"•' 'r» Lj \»" 'V. ,,,,„ role duty, and 

Georgia, in General Assembly met, and by the authority of the same, That any person neglecting or 

liable to do and perform patrol duty, as prescribed in the above recited act, who shall tfcfSS^b! 

refuse or neglect to do and perform the same, shall forfeit and pay a sum not exceeding five fin6d . not , ex * 

cccdin£f 5 0.0I* 

dollars for each offence, to be adjudged by a majority of the militia officers of the company laps. * 

district where the offence shall be committed, and levied by distress and sale of the offenders ecL™ C ° lleCt " 
goods, under the hand and seal of the captain or commanding officer of such company, 

* i_ • 1 .i.p. ,„. rw Commanders 

to be paid over to the inferior court, for the use of the poor of the county where such of patrols to 

offence shall be committed; unless sufficient excuse be made to the officers of such ^defaulter's 

company on their next ensuing muster day. And it shall be the duty of the commanders t0 captains of 

of patrols, to make a just and true return of all defaulters in their respective districts to Penalties' of 

the captain or commanding officer of the company, on the muster day after they shall ofpa3?fo- 

have been appointed. And if any person shall have been regularly appointed to command ^ e l f t 1 ? ctin& cf 



$** LAWS OF GEORGIA, 



How collec- 
ted. 



(No. 258.) the patrol, agreeable to the above recited act, who shall refuse to accept of such com- 
mand, or after acceptance thereof, shall refuse or neglect to do his duty, such person* 
so offending, shall for every such offence forfeit and pay a sum not exceeding ten dollars,, 
to be adjudged by a majority of the officers of the company, and levied by distress and 
sale of the offender's goods, under the hand and seal of the captain or commanding offi- 
cer of the company, and paid over to the inferior court, for the use of the poor of the 
county where such offence shall be committed* 

cLiuSr 11 "^ Sec - 2 - Ani hit further enacted, That any thing in the above recited act which mil= 
itates against this act, be, and the same is hereby repealed. 

BENJAMIN WHITAKER, Speaker of the House of Representatives, 
EDWARD TELFAIR,, President of the Senate, 
Assented to, December 8, 1S0£, 
JARED IRWIN, Goyeknor. 



(No. 238.) 



. AN ACT 

To amend an act, entitled, "Jin Jletfor ordering and goner ning slates within this pro*- 
-since, and for establishing a jurisdiction for the trial of offences committed by such 
slaves and other persons therein mentioned, and to prevent the inveigling and carrying 
away slaves, from their masters, owners or employers J f 



Sec 1 
■what -offen. * ' -K133 it enacted by the Senate and House of Representatives of the State of 

oescommitted Georgia in Genei^al JLssembly met, and it is enacted by the authority of the same, That 

reckoned fel- the several crimes and offences hereinafter particularly enumerated, are hereby declared 

Said offences to ^ e felony 5 . that is to. say :-— If any slave, free negro, Indian, mulatto or mustizo, (in- 

enumerated, dians in amity with -the United States excepted) shall be guilty of homicide of any sort, 

upon any white person, except by misadventure, or if a slave, in defence of his or her 

owner, or other person under whose care and government such slave shall be, or shall 

raise or attempt to raise any insurrections or commit or attempt to commit any rape on 

any white person whomsoever, ©very such offender or offenders* his and their aiders and j 

abettors, shall upon conviction thereof, suffer death | or if any slave, free negro, indian* 

mulatto, or mustizo, (except as before excepted) shall wilfully and maliciously kill any 

slave, free negro, indian, mulatto, or mustizo, or shall break open, burn or destroy 



PASSED IN THE YEAR iS06, $35 



cretion. 



any dwelling house t>r other building whatsoever, or set fire to any rice, corn, or other (No. 258.) 
<grain, tar-kiln, barrel or barrels of pitch, tar, turpentine, rosin, or any oilier gaods or 
commodities whatsoever, or shall steal any goods or chattels whatsoever, or inveigle, 
delude or entice any slave or slaves to run away, whereby the owner or owners of justices dis- 
such slave or slaves, shall, might, or would have lost or been deprived of such 
slave or slaves, every such slave, free negro, indian, mulatto or mustizo, and his 
rand their accomplices, aiders and abettors, shall upon conviction as aforesaid, suf- 
fer death, or such other punishment as the justices and jury shall in their dis- 
cretion think fit — "Provided, That such slave, free negro, indian, mulatto, or mus- 
tizo as aforesaid, shall have actually prepared provisions, arms, ammunition, horses 
<or horses, or any flat, canoe or other vessel, or done any other overt act, whereby 
(their intentions shall be manifested. 



Proviso. 



How to be 



.Sec. 2. And be itfurtlwr enacted by the authority aforesaid, That the trial of any 
such free negro, indian, mulatto or mustizo as aforesaid, shall be had, held and tried. 
conducted in the same manner, and be governed by the same rules and regulations, 
as to evidence and punishment, as in and by the act aforesaid is directed for the 
trial and punishment of slaves. 

Sec. 3. And be it further enacted, That the twelfth clause and such other pads 
af the said act, and all other acts, so far as the same are contrary to this act, be, c lau?e. Pealme 
i and the same are hereby repealed. 

BENJAMIN WHXTAKER, Speaker of the House of Representatives* 
EDWARD TELFAIR, President of the Senate, 
Assented to, December 8 S I80t3„ 
JARED IRWIN, Governor, 



AN AC T pjfoii 259.) 

To compensate tlw Justices of the Inferior Courts,* 

T J HEREAS arduous duties are imposed upon the justices of the inferior courts 
of the several counties in this State, for which no compensation is allowed ;-=>And 

* See act of 1809, No. 451. repealing this aet, reambte, 



$36 MWS OP GEORGIA; 



(No. 259.) whereas it is declared in the 4th section of the 3d article of the constitution, that the 
justices of the inferior courts may he compensated in such manner as the legislature 
may by law direct ; 

Sec. l.. BE it therefore enacted by the Senate and House of Representatives of the 

State of Georgia in General Assembly met, and it is hereby enacted by the authority of 

■Debated b"a iJlc same >' ^ at tnere sna ** ^e a lax tevied on all suits which may be commenced after 

tax on suits the date hereof in the superior and inferior courts of the several counties of this State, 
at law. . 

in the following manner, that is to say : — On all suits not exceeding one hundred dollars, 

the sum of one dollar: on all suits exceeding one hundred dollars, and not exceeding 

three hundred dollars, the sum of one hundred and fifty cents : on all suits exceeding 

three hundred, and not exceeding five hundred dollars, two dollars: on all exceeding 

five hundred dollars, the sum of three dollars : and on all actions of ejectment, the sum of 

In what man- two dollars ; which said several sums shall be paid by the parties east in such suits, & shall 

be taxed in the bill of cost, and collected in the same manner as other costs of such suits. 



Sec. 2. And he it further enacted, That all monies which shall be collected or received 
cbm-tto^col- ky any of the officers of the said courts, on account of the aforesaid tax upon suits, shall 
lect and pay fc e paid to the justices of the inferior court of the county in which such proceeding's shall 

over the mo- r *> » o 

nies aforesaid have taken place, as a compensation for their services; and all and every officer of the 
tices £Sad ^ US said courts who shall neglect or refuse to pay over such money, after an order shall be 
liable to at- m ade for that purpose by such court, shall be deemed guilty of contempt, and may be 
neglect, proceeded against by attachment, . 

Sec. 3. And 'be itfurlh&r enacted by the authority aforesaid, That the aforesaid monies- 
shall be equally divided between the said justices of the inferior court, 

BENJAMIN. WHITAKER, Speaker of the Bouse of Representative, 
ED WARD . TELFAIR, President of the Sen Me* 
Assented to, December 8, 18@6,\ 
TARED IRWIN, .Govetowb*.. 



PASSED IN THE YEAR l&Otf.' 337 



AN ACT (No, 260,) 

To establish the fees of the public officers of this State, on all grants that mar} be issued 
in the counties of Baldwin and Wilkinson, under the act of the General Assembly of 
this State, passed at Louisville, the 26th of June, 1806. 

E it enacted ou the Senate and House of Representatives of the State of Geov- pu bik officers 
gia in General Assembly met, and it is enacted by the authority of the stame, That fop ^ granting 

** T-HS ILltC CCS" 

©ach grant issued in the counties of Baldwin and Wilkinson for the lands obtained by sion.when the 
treaty, entered into by Henry Dearborn, secretary at war, for the use of Georgia, and drawn? 
the Creek nation of Indians, on the fourteenth of November, eighteen hundred and 
five, the secretary of State, shall be entitled to receive sixty cents—the surveyor-gene- 
ral fifty cents— the secretaries to the executive department, eight cents each— the trea- The Gov 
surer, eight cents — and the comptroller-general eight cents,' which shall be in full for ernor to dra*- 

,. . -liniji quarterly fyr 

the services by them performed, in granting said land, And the governor is hereby the saxae; 
authorized, quarter yearly to draw a warrant on the treasury in favor of the aforesaid 
officers, for the said several sums, as they become due, 

BENJAMIN WHITAKER, Speaker of the House of Representatives. 
EDWARD TELFAIR, President of the Senate, 

Assented to, December 8, 1S06. 

JARED IRWIN, Goveknoe. 



AN ACT 

To revise and amend-** An Ad to distribute and dispose of the late cession of land 
obtained from the Creek Nation of Indians, by Henry Dearborn, Secretary at War, 
being specially authorised tJierefor, by the President of the United States, in a treaty 
concluded at the City of Washington, on the fourteenth day of November, one thou- 
sand eight hundred and five" — so far as it respects the persons that were entitled t& 
draws in the present contemplated hand Lattery, agreeabhj to the requisitions of this 
act, and were prevented from giving in their names, from sickness and other casual* 
ties, or who have not paid taxes in conformity, to the said act. 



(No. 261.) 



W; 



HEREAS it doth appear by the petition of sundry persons to this legislature, sta- 
ting that they were absent from this State, prevented by sickness or ©they unavoidable Trouble 

T % 



338 LAWS OF GEORGIA, 



(No. 201.) misfortunes from giving in their names for draws in the present contemplated Land Lot- 
terj — for remedy whereof, 

Persons who Sec. 1. BE it enacted by the Senate and House of Representatives of the State of 

or^he^ciuse Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, 

did not give That it shall be the duty of the justices of the inferior courts of the several counties 

in the oontem within this State, to meet at their respective court-houses, three separate times within 

r y Lh 0W °and tue term °^ three months from the publication of this act, first giving twenty days pub- 

before whom u c no tice of such meetings, sin two of the most public places in each battalion district 

within their counties — and shall proceed to take, and enter the names of all applicants 

entitled to draws, agreeably to the requisitions of -the above recited act ; and they shall 

be entitled to receive. from each applicant, twelve and an half cents for each draw such 

The duty s ., • .. . < - 

of the Justic- person or persons shall be entitled to. And it is hereby declared to be the duties of the 
ri 8 pr f court. nfe justices of the inferior courts of the several counties within this State, to transmit a 
list of such names, so taken by them, within three months from the publication of this 
law, to the executive department, that such persons names may be entered on the gene- 
ral list, and enjoy an equal participation with other citizens in the present contemplated 
land lottery. 

The ncn- Sec. % Jlnd be it further enacted, That all male persons over the age of twenty- 
taxes no bar one years, having all the requisitions, as specified in the aforesaid act, other than having 
paid taxes, shall be admitted to have a dra>v or draws in the contemplated land lottery, 
without having paid taxes ; any thing in the said act to the contrary notwithstanding.— 
And his Excellency the Governor i% hereby required to give the outlines of this act, in 
one or more of the public gazettes of this State, so soon as it shall receive his assent and 
signature. 

BENJAMIN WHITAKER, Speaker of the House of Eepresentatwei. 

EDWARD TELFAIR, President of the Sejwte, 

Assented to, December 8, 1806, 

JAREDmWIN 5 GovebnoBo 



to a draw, 



PASSED IN THE YEAR 1806. 



339 



AN ACT 



(No* 262.) 



To relieve certain fortunate drawers in the late Land Lottery;- 

HEREAS by an act, supplementary to an act, entitled " An Act to make distr> 
bution of the late cession of lands obtained from the Creek Nation, by the United 
States' commissioners, in a treaty entered into at or near Fort Wilkinson, on the six- 
teenth day of June, eighteen hundred and two," it is enacted that monies directed to be 
paid into the treasury in lieu of office fees in pursuance of the act, entitled <« An Act to 
alter and amend an act to make distribution of the late cession of lands obtained from 
the Creek Nation, by the United States' commissioners, in a treaty entered into at, or 
near Fort Wilkinson, on the sixteenth day of June, eighteen hundred and two," passed 
at Louisville, the eleventh day of May, eighteen hundred and three, » shall be paid 
within the term of twelve months from and after the completion of the lottery contem- 
plated by the aforesaid act, and in default thereof, such lots of land, on which the whole 
of the monies shall not then be paid, shall revert to and become the property of this 
State, and sold in like manner as fractional parts of surveys," 



Freambk 



And whereas many persons who have been fortunate drawers in the aforesaid lottery, 
have failed and omitted to take out their grants-, within the time prescribed by the said 
law ; — for remedy whereof, 



Preamble 



Sec. 1. BE it enact edbu the Senate and House of Representatives of tile* 'State of Gear- 

v ^ ** •' Tirae for to.- 

gia, in General Assembly met, audit is hereby enacted by the authority of same* That the king out 

term allowed for receiving, monies on grants in lieu of office fees, in pursuance of the | ec i_ 
aforereeited act, shall be and the same is hereby continued and extended to the tenth 
day of November next, any law to the contrary notwithstanding* — Provided nevertheless* 
That nothing herein contained shall authorize the governor to issue any grant, to per- 
sons who may have given in their names, and drawn land, contrary to the provisions of 
the aforesaid act. 



Proviso; 



And whereas the commissioners of the lottery* in transcribing the names of the ' 
fortunate drawers, into the book deposited in the executive chamber, in some few instan- 
ces have, by mistake entered the names of persons who were not fortunate drawers in lieu 
of those who were ; by reason whereof those legally entitled, although they hold the 
land, cannot obtain grants therefor, without provision is made by law for that purpose.— 

Be it therefore enacted, That in each and every such ease, his Excellency the Gover- 
nor, be, and he is hereby authorized and required, to cause such grant or grants to 



See act of 1807, No. 307, extending the time still further, 



In [en se3 of 

mistake, 
grants to is- 
sue to those 
who are enti- 
tled to them 
according to 
the justice of 
the esse. 



3*0 LAWS OP GEORGIA, 



(No. 262.) issue, in the name of the real fortunate drawer* his heirs, or devisees, according to the 

GranSmay J ustice of tne case i an d all grants which have issued in consequence of such mistake* 

fae rectified, g^n |, e> an< ] are hereby declared to be null and void — Provided, nevertheless, if the hoU 

wnci*c mis - 

takes have ders of such grants shall return the same to the executive chamber, his Excellency the 
Governor shall cause the true name to be inserted therein, and in the records of the 
different offices, free frem all additional charge j which grants shall be good and valid in 
law, any thing herein contained to the contrary notwithstanding. 

Sec. 2. Andbeit further enacted by the authority aforesaid, That it shall be the duty 

Clerks of °^ * ue clerks of the superior courts of the several counties within this State, to cause 

the superior a correct list of the persons whose names were entered, as being entitled to draws in, 

court to lay a r ° 

list of persons the late land lottery, to belaid before the grand juries of their respective counties, at 
tledtodraws" * ne nex ^ term of the superior court to be held therein, whose duty it shall be to exam* 

before the jne and report to the court, the names of all persons who were not entitled, under said 

grand juries ; r r 

who are to re- act, to a draw, or draws in the said lottery, and the court shall direct the clerk to trans- 
court those 6 m ^ a correct list of all such persons to his Excellency the Governor, whose duty it shall 
to * draws— & ^ to cau8e tne same *° De compared with the list of the fortunate drawers, and if it 
thence by the should be found that any person or persons, have drawn a tract or tracts of land, on such 
governor,who fraudulent return, the grant which may have issued, is hereby declared null and 
thfsamewith yo ^* aat * ^ e same aere ky set a P al 't for the redemption of the public debt — Provided, 
those who That his Excellency the Governor, shall immediately cause a list of the names of all 

have drawn , . 

land in said persons who shall appear to have made such fraudulent returns, to be published thirty 

any^of ^aid days, in one ©r more of the public gazettes of this State, requiring such person or per- 

names, are fo? 80ns ( fii e j n his office, such testimony as he, she, or they may think proper to sub- 

ers, he shall stantiate his, her, or their claim j which shall, by his Excellency the Governor, be laid 

grant hTtheir before the next legislature, by them to be admitted, or otherwise acted on as they 

fav 25- . shall deem proper-. 

Proviso. r r 

BENJAMIN WH1TAKEB, Speaker of the House of Representatives? 
EDWARD TELFAIR, President of the Senate. 
Assented to, December 8, 1806* 
JARED mWIN, Governor, 



PASSED IN THE YEAR 180S. M 



AN ACT (N*« «63c) 

To sett and dispose of the fractional parts of surveys of land, in the counties of Bald- 
win and Wilkinson, reserved to the State, by an act of the General Assembly, passed 
at LmiisviUe, the 16th day of Jvxie, 180&. 

Sbc. 1. jJe it enacted by the Senate and House of Representatives of the Slate of The ( ^^ 
Georgia in General Assembly met, and by the authority of the same, it is hereby enacted^ ons created 

bv survey 1*12? 

That all the fractional parts of surveys of lands reserved to the State by the late land tbe 1&te scfea 
law, making distribution of the lands lately acquired from the Creek nation of Indians* JjJJ"» t0 be 
by a treaty concluded at the City of Washington, the 14th day of November, 1805, by 
Henry Dearborn, secretary at war, being specially authorized therefor, by the Presi- 
dent of the United States j and lying and being on the rivers Ocmulgee and Oconee, and 
also on the present and former temporary boundary lines,shall be sold in separate lots, to ^he man- 
the highest bidder, in the town of Milledgeville, in -the following manner, to wit:— The ner «f selling 
commissioners hereafter to be appointed, shall by advertisement to be published immedi- 
ately after the completion of the contemplated lottery, by first giving sixty days notice 
in the gazettes of Petersburg, "Washington, (Wilkes county,) Sparta, Augusta, Louis- 
ville and Savannah : in which advertisement shall be particularly specified, the day or 
days on which the fractions in each county, and in each district, will be sold, and the 
terms of sale, proceed to sell the same between the hours of ten o'clock in the forenoon, 
and three o'clock in the afternoon, commencing by the sale of the first or lowest frac- ^co mm ; ss i. 
iion in the fork of the Ocmulgee and Oconee rivers 5 in Wilkinson county> and eontimi- on ? r !!^ ^ af j 
ing up the Oconee river, in a regular progression, to the mouth of Toulou Hatchie, the their duty* 
former boundary line; thence up that line, to where the lines that divides the counties of 
Wilkinson and Baldwin crosses the same, thence beginning again at the fork of the said 
rivers and proceed to sell the first or lowest fraction, not heretofore sold, on the Ocmuk 
gee river ; thence up the Ocmulgee river in the like progression as on the Oconee river, to 
where the dividing line of Wilkinson & Baldwin counties strikes the said river, then in the 
same progression up the said river, in Baldwin county, to the mouth of the Ulcofouhat* 
©hie, where the present temporary boundary line leaves the said river, thence on the 
said line to where it will intersect the former boundary line, at the High Shoals of the 
Appalachee 5 thence on that line, through Baldwin county, to the Sne that divides the 
aaid county from Wilkinson, which includes all the fractions that may be created in 
pursuance of the late land law b 

Sec. 2. JLndbe it further enacted by the authority aforesaid, That thVee commissi- Commissi 
oners shall be appointed by joint ballot of the legislature, and they, or a majority of ££d £d g S 
them, shall be sufficient to carry this act into eflect: who shall before they enter on the curityand o> 
Quaes required of them by this act, give bond with two or more sufficient securities, to 



m laws of Georgia; 



(No, 263.) his Excellency the Governor, for the time being and his successors in office, in the sum 
of thirty thousand dollars each, for the due and faithful performance of the trust repo- 
sedin them, which bond shall be taken by his Excellency the Governor, or by any two 
of the justices of the inferior court of the county where such commissioners may reside, 
and immediately transmitted to the executive department ; and shall moreover take and 
subscribe the following oath, viz : — I, A. B. do slemnly swear, or affirm (as the case 
maybe) that I will faithfully discharge the duties imposed on me by this act; and that 
I will make due returns of all bonds and other securities, to the treasurer of this State* 
which come into my hands, as commissioner aforesaid — So help me God. 



The oath. 



Sec. 3,.JLndhe it further enacted by the authority aforesaid, That the commission 

Purchasers ers sna ^ take bond of the purchasers, payable in four equal annual instalments, together 

to give bond with good and sufficient security : which bond and security may be given by the person 

and security, ° . % i < '' ' ■ ' * - 

for fractions or persons purchasing, his or their attormes or agents, duly authorized to execute the 

ments! inStal samc * and sftaI1 be taken -in the name of and made payable to his Excellency the Governor* 

for the time being, and his successors in office, and by the commissioners shall be depo^ 

oners° tohave s * te( * * n tuc omc ® °f * ne treasurer, within sixty days after the time the sales are com, 

3 dollars per pleated ; and each commissioner shall receive as a compensation, three dollars per day* 

while in actual service. 



The mann- 



Sec. 4..t!'ftd he it further enacted) That the commissioners aforesaid shall take bond 

of taking and security of all and every purchaser, payable in the following manner, that is to say: 

the order ' of onG ^ onv ^ 1 l )ar ^ thereof in twelve months after tlie said purchase — one fourth part at the 

instalments, end of twelve months thereafter — one fourth part at the end of twelve months thereafter-— 

The time an( * tue remaining fourth part thereof, at the end of twelve months thereafter— which 

allowed com- sa i<j payment shall be made in scold or silver — and said commissioners shall not be more 

miss loners to * ° 

sell said frac- than seventy-six days on such sales (Sundays excepted.) 

tions. 

The gov- Sec. 5. And he it. further enacted by the authority aforesaid, That it shall be< th» 
out grants lea duty of his Excellency the Governor, to cause grants to be made out for all the fractional 
torfe-filledup l )arts °^ s WV®ys in the counties of Baldwin and Wilkinson as aforesaid, leaving a blank 

with the for the name of the person to whom the same may issue — which grants shall be put into 

names of pur- ,J *. i *» • 

chsers, by the tbe hands of the commissioners appointed to dispose 01 the fractions as aforesaid, and by. 
ers""' i0U t uem ^l e( l U P and delivered to the purchasers, on the purchasers paying the sum of 

four dollars and twenty-five cents on each grant which shall be received by the commissi-. 

oners, and by them paid into the treasury. And it shall be the duty of the surveyor- 
®ene1Sj5't y0r " S enera *» an d secretary of 'State, to insert the name of each purchaser in the record of 
cord them. such plat andgrant remaining in the said offices* And it shall be the duty of the conmais- 



PASSED IN THE YEAR 180<i. 343 



sionerstolay a correct statement of their proceedings under this act, before the next (No. 263.) 

legislature Provided nevertheless, That the said grants shall express in the face of them ^he said 

that the land therein granted shall be subject to the payment of the purchase money due &££> *> «- 
the State therefor, in preference to all other lieus whatsoever, whether by judgment, face of them, 
existing before, or entered after the date of such grant, but the said land shall not be Ranted shall 
sold to satisfy the first, second and third instalments, unless the legislature shall express- Jjy^J^ 
Jy direct the sale thereof.* ^XetJ 



to all other tf£ 
nbrances; 
case of 



Sec, 6. And be it further enacted by the authority aforesaid, That if the purchase? cu j£ 
of anv of the fractions, as aforesaid, in the counties of Baldwin and Wilkinson, shall neglect to pa: 

J •:.'' '■ .'- , for said fracti 

neglect, or fail within one month after the same may become due, to pay the first, 
or any of the succeeding instalments, it shall be the duty of the treasurer to issue an 



ons- 

The treasu- 
rer to issue 

execution for*the amount of the debt, and interest that may be then due, directed to the an execution 

against the de 

sheriff where such purchaser, or his securities may reside, which shall be levied on their linquent and 
goods and chattels, lands and tenements, and all the property of which the purchaser is ^purchasers 
possessed, at the time of giving such bond, shall be bound — and when any such pureha- j^^nd from 
ser shall be in default, for any one of the instalments, execution shall issue against such the . time cf 
purchaser and his securities, and all the property of which such securities shall be pos- bond. 
sessedatthe time such execution shall issue, shall be bound for the whole of the pur.. secu \f it tes° the 
chase money, which may then or thereafter become due. — And the money so collected Money when 

. . . collected shal 

by the sheriff, except the costs, shall be paid into the treasury within three months be paid into 
after the execution shall have issued; but if the money should not be collected as afore- ^Tim^of *3 
said, then the execution shall be, by the sheriff, returned to the treasurer, within the months allow- 

" - '■ ' ed to do it m 

time above expressed ; but should the sheriff refuse, or neglect to return the money, or by the sheriff. 
the execution, as aforesaid, it shall then be the duty of the treasurer to issue his execu- 
tion against the sheriff, and his securities, for the amount of the said execution, or 
executions, put into his hands, directed to the coroner of the county, where such she- Penality for 
riff or his securities may reside ; whose duty it shall be to levy, collect, and return ^,f * ect of hl£ 
the same, within three months thereafter. 

BENJAMIN WHITAKER, Speaker of the House of Representative 

EDWARD TELFAIR, President of the Senate, 

Assented to, December 8, 1806. 

JARED IRWIN, Governor. 



duty. 



* See act of 1810, No. 548, to amend this section. See also act of 1810, No. 552, directing the sale of frac= 
tions in the 7th district of Baldwin, and other lands. And see also resolution of 1810, directing the disposi- 
tion of extra fractions in the 8th district of Wilkinson. 



LAWS OF GEORGIA, 



(m. 264.) AN ACT 

To remise and continue in force, « An Act for the limitation of actions, and avoiding 
suits in latv," passed the %6th day of March, one thousand seven hundred and sixty- 
seven ; and ta amend the fifth and ninth sections of said act. 



mSatio^pSf EC ' * JO E it enacted by: the Senate and House of Representatives of the State of 

sed 1767, re- Georgia, in General Assembly met, That from and immediately after the passing of this 

clawed to be act, the act for the limitation of actions and avoiding suits in law, passed on the twenty. 

Febrnaryinthe sixth day of March, one thousand seven hundred and sixty-seven, shall be, and is herc- 

year 2793. jjy rev ived and declared to be in full force and operation, from the first day of Februa- 

ry, one thousand seven hundred and ninety-three, until this act shall be repealed. And 

bo deduction in any calculation of time shall be made in the construction of said act after 

the aforesaid first day of February, 1?93« 

m htofac- Sec * 2 * ^ nd &fi *"* f' ibri]tep roacted, That if any person or persons, that is* or shall 

tion by per- be entitled to any such action of trespass, detinue, action of trover, reple